Madras High Court
M/S.United India Insurance ... vs Kunjuraman Kani on 15 December, 2021
C.M.A.(MD)No.23 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.23 of 2021
and
C.M.P.(MD)No.313 of 2021
M/s.United India Insurance Co.Ltd.,
3/33B-PPK – BLDG, Main Road,
Marthandam Post,
Ponmanai Village, Kalkulam Taluk,
Kanyakumari District. ...Appellant/3rd Respondent
Vs.
1.Kunjuraman Kani
2.Vasantha Kumari
3.Chitra
4.Shibu ...Respondent Nos.1 to 4/
Petitioner Nos.1 to 4
5.Hakkim
6.Ratheesh Kumar
7.Ahammed
8.Satheesh Kumar ...Respondent Nos.6 to 8/
Respondent Nos.1,2,4 & 5
PRAYER: Civil Miscellaneous Petition is filed under Section 173 of Motor
Vehicle Act, against the fair and decreetal order, dated 08.07.2019 made in
M.C.O.P.No.49 of 2014 on the file of the Motor Accidents Claims Tribunal
(Sub Court), Kuzhithurai.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.23 of 2021
For Appellant : Mr.B.Rajesh Saravanan
For R1 – R4 : Mr.M.R.Sreenivasan
For R5 – R8 : No Appearance
JUDGMENT
The appellant / United India Insurance Company Ltd., the third
respondent in M.C.O.P.No.49 of 2014 on the file of the Motor Accidents
Claims Tribunal/Subordinate Judge, Kuzhithurai has filed the present appeal.
The respondents 1 to 4/claimants have filed the claim petition under Section
166 of the Motor Vehicles Act, seeking compensation of Rs.21,00,000/- for
the death of one Manikandan, in a road accident, which occurred on
30.03.2012.
2. It is a case of fatal accident, which took place on 30.03.2012 at
about 8.45 p.m., while the deceased was going to Kulasekharam, from his
house via Peachiparai, in a two wheeler bearing Registration No.TN-75-
H-0114 Bajaj Platinam, driven by second respondent, the second respondent
in a rash and negligent manner dashed against a bike bearing Registration
No.TN-74-T-4876 Hero Honda Spelnder Plus, near Aranivilai convent
junction, in which the first respondent was riding, who was coming from
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C.M.A.(MD)No.23 of 2021
Kulasekharam to Peachiparai road. The deceased fell off the bike and was
severally injured and sustained many injuries. He was immediately taken to
the Sree Mookambika Medical College Hospital, Kulasekharam. Since the
deceased was seriously injured, he was referred to Government Medical
College Hospital, Asaripallm, Nagercoil, but he died on 02.04.2012.
3.The claimants have filed a petition in M.C.O.P.No.49 of 2014 on the
file of the Motor Accidents Claims Tribunal/Subordinate Judge, Kuzhithurai,
seeking compensation of Rs.21,00,000/-.
4.Before the Tribunal, on the side of the respondents 1 to 4
herein/claimants three witnesses were examined as P.W.1 to P.W.3 and
marked twenty seven documents as Ex.P1 to Ex.P27. On the side of the
appellant and respondents 5 to 8 herein, three witnesses were examined as
R.W.1 to R.W.3 and marked four documents as Ex.R1 to Ex.R4.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsels for the appellant and claimants
and also on appreciating the evidences on record, directed the
appellant/Insurance company to pay a sum of Rs.12,61,194/- as
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C.M.A.(MD)No.23 of 2021
compensation. Against which, the appellant/Insurance Company has
preferred this appeal.
6.The learned counsel appearing for the appellant contended that
though sufficient evidence was adduced by the respondents to show that the
rider of the two wheeler bearing Registration No.TN-75-H-0114 was not
having a valid driving licence on the date of the accident, the Tribunal
fastened the liability on the appellant /Insurance Company. Therefore, he
prayed this Court that 'pay and recovery' may be ordered by this Court.
7.Eventhough the respondents 5 to 8 names were printed in the cause
list, no one appeared on behalf of them. Heard Mr.B.Rajesh Saravanan, the
learned counsel appearing for the appellant and Mr.M.R.Srinivasan, learned
counsel appearing for the respondents 1 to 4 and perused the materials
available on record.
8.On perusal of records, it shows that before the Tribunal, the
appellant/ Insurance Company examined the staff of R.T.O., as RW3 and also
issued notice to the owner of the two wheeler TN-75-H-0114, which was
marked as Ex.R3 and proved that the rider of the two wheeler has no valid
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C.M.A.(MD)No.23 of 2021
license. So the appellant/Insurance Company clearly proved the case that
there was no license for the rider of the two wheeler on the date of accident.
But the Tribunal has fixed entire liability on the appellant/Insurance
Company. Hence, the Tribunal ought to have ordered for pay and recovery.
9. As far as the quantum of compensation is concerned, no arguments
were advanced by the learned counsel appearing for the appellant and no
cross objection or appeal was filed by the claimants. A perusal of the award
also shows that it is not on the higher side.
10. In the facts and circumstances of the present case, the order passed
by the Tribunal in M.C.O.P.No.49 of 2014 on the file of the Motor Accidents
Claims Tribunal / Subordinate Judge, Kuzhithurai, is hereby modified. The
appellant/United Insurance Company Limited, is directed to pay the award
amount to the respondents 1 to 4/ claimants in the first instance and then,
recover the same from the owner of the motorcycle bearing Registration
No.TN-75-H-0114 on the same cause of action.
11.It is submitted that the appellant/United India Insurance Company
Limited that they have already deposited the entire award amount with
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C.M.A.(MD)No.23 of 2021
accrued interest. The respondents 1 to 4/claimants are entitled to withdraw
the same by filing necessary application before the Tribunal.
12. In the result, the Civil Miscellaneous Appeal is partly allowed. No
costs. Consequently, the connected Miscellaneous Petition is closed.
Index :Yes/No 15.12.2021
Internet:Yes/No
vsd
Note:In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
To
1. The Motor Accidents Claims Tribunal (Sub Court),
Kuzhithurai.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.23 of 2021
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.23 of 2021
and
C.M.P.(MD)No.313 of 2021
15.12.2021
https://www.mhc.tn.gov.in/judis
