Madras High Court
The Divisional Manager vs M.Vijayalakshmi on 22 December, 2021
CMA.(MD)No.213 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 22.12.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA.(MD)No.213 of 2019
and
CMP.(MD)No.2912 of 2019
The Divisional Manager,
Shri Ram General Motor Insurance Company Ltd.,
Kamala Street, Chokkikulam,
Madurai-2. ... Appellant
Vs.
1.M.Vijayalakshmi
2.Minor.V.Yaswanth
3.Minor.V.Elancheran
(Minor respondents represented by their mother and guardian first
respondent)
4.K.Nagamuthu
5.N.Pappathy
6.Nizam Habi Bullah ... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the decree and judgment dated
06.02.2017 made in MCOP.No.2035 of 2015 on the file of the Motor
Accident Claims Tribunal/District and Sessions Judge/Communal
Clash Cases Court, Madurai and allow this civil miscellaneous appeal.
For Appellant : Mr.G.Maruthaiah
1/6
https://www.mhc.tn.gov.in/judis
CMA.(MD)No.213 of 2019
For R1, R4 & R5 : Mr.V.R.G.Mohan
For R6 : No Appearance
JUDGMENT
The appellant filed this appeal to set aside the decree and
judgment dated 06.02.2017 made in MCOP.No.2035 of 2015 on the
file of the Motor Accident Claims Tribunal/District and Sessions
Judge/Communal Clash Cases Court, Madurai.
2.The facts of the case are that on 13.03.2015, when the
deceased drove the two wheeler bearing registration No.TN 57 AV
9292 along with one Mahudeeswaran as pillion rider from
Vadamadurai to Vedasandur Road from south to north direction, the
sixth respondent's driver drove the lorry bearing registration
No.TN28 Z 5859 in the opposite direction i.e. north to south direction
in a rash and negligent manner and dashed against the deceased two
wheeler. Due to the same, the deceased and the pillion rider were
thrown away from the vehicle and the deceased sustained grievous
head injury and injuries all over the body. Immediately, the deceased
was taken to the hospital, but, however he died on 03.04.2015.
Therefore, the legal heirs of the deceased filed MCOP.No.2035 of
2015 seeking compensation. The Tribunal, after analyzing the
https://www.mhc.tn.gov.in/judis
CMA.(MD)No.213 of 2019
submissions and the evidences on either side, has awarded
compensation of Rs.19,24,971/- with 7.5% interest and cost.
3.The appellant/Insurance Company has filed the present appeal
to set aside the award passed in MCOP.No.2035 of 2015 on the
ground that the accident was occurred only due to the negligence of
the deceased, since he was under the influence of alcohol and as per
the certificate issued by the hospital, the two wheeler dashed against
the parked vehicle. Hence, the learned counsel for the appellant
prayed that contributory negligence has to be fixed on the deceased.
4.It is seen from the certificate issued by the hospital that the
deceased was under the influence of alcohol, at the time of accident.
However, FIR was registered as against the driver of the lorry and on
perusal of the rough sketch shows that accident took place in the
extreme end of the road. Hence, it is proved that the accident was
occurred only due to the negligence of the driver of the lorry. Since it
is seen from the records that the deceased was under the influence of
the alcohol and the learned counsel for the appellant argued that
some negligence may be fixed on the deceased, this Court decides to
fix 10% negligence on the part of the deceased. This Court confirmed
the quantum awarded by the Tribunal and 90% liable is fixed on the
appellant.
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CMA.(MD)No.213 of 2019
5.In view of the above, appellant/Insurance Company is directed
to deposit 90% of the award amount at the rate of 7.5% per annum
from the date of petition. It is reported that entire award amount has
already been deposited. The appellant/Insurance Company is
permitted to withdraw the excess amount. The claimants are
permitted to withdraw the deposited amount. The second and third
respondents are aged 15 years and 14 years during 2015 when claim
petition was filed and now they would have attained majority and
hence, they are permitted to withdraw their share with proportionate
interest by filing necessary application before the Tribunal,
discharging guardianship.
6.In the result, this civil miscellaneous appeal is partly allowed.
No costs. Consequently, connected miscellaneous petition is closed.
22.12.2021
Index :yes/No
Internet:yes/No
gns
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.
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CMA.(MD)No.213 of 2019
To
The Motor Accident Claims Tribunal/District and Sessions
Judge/Communal Clash Cases Court, Madurai
https://www.mhc.tn.gov.in/judis
CMA.(MD)No.213 of 2019
S.ANANTHI,J
gns
CMA.(MD)No.213 of 2019
22.12.2021
https://www.mhc.tn.gov.in/judis
