Madras High Court
The Branch Manager vs Chellapandiyan @ Pandiyan on 5 February, 2021
C.M.A.No. 594 of 2016
and C.M.P.No.4844 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No. 594 of 2016
and
C.M.P.No.4844 of 2016
The Branch Manager,
The Oriental Insurance Company Limited,
No.6, Mummy Daddy Complex,
Mettu Street, Thiruthuraipoondi – 614 713. ... Appellant
Vs.
Chellapandiyan @ Pandiyan ... Respondent
PRAYER: Appeal is filed under Section 173 of the Motor Vehicle
Act, 1988, to set aside the judgment and decree passed in
M.C.O.P.No.137 of 2014, by the Motor Accident Claims Tribunal
(Chief Judicial Magistrate) at Tiruvarur, dated 14.10.2015.
For Appellant : Mr.M.Krishnamoorthy
For Respondent : No appearance
JUDGMENT
Though the respondent has been served through the paper
publication, there is no representation on behalf of the respondent.
Hence, respondent set ex-parte.
2.The Insurance company is the appellant herein.
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 594 of 2016
and C.M.P.No.4844 of 2016
3.Brief facts of the case are as follows:
(a) On 28.12.2013 at 10.00 p.m., while the respondent
herein was going in his motor cycle bearing registration No. TN-50-
J-8994 from Thiruthuraipoondi to Papakoil, on the way at
Thiruvasal Village ECR road, near subramaniyan house, he met
with an accident and sustained serious injuries.
(b) Hence, the respondent herein has filed a petition in
MCOP.No.137 of 2014, before the Motor Accident Claims Tribunal,
Tiruvarur, for claiming compensation under Section 166 of the M.V
Act, for the injuries sustained in the accident.
(c) Neither in the claim petition nor in Ex.P1, the respondent
herein has not mentioned about the manner of the accident how it
was happened.
(d) After completion of trial, the Tribunal has awarded a total
sum of Rs.3,35,758/-, as compensation. As aggrieved against the
same, the Insurance Company has preferred this Civil
Miscellaneous Appeal.
4.Heard the learned counsel for the appellant and perused
the materials placed on record.
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 594 of 2016
and C.M.P.No.4844 of 2016
5.The learned counsel appearing for the Insurance Company
has raised a plea that the respondent herein had invited the
accident on his own fault by drove the vehicle in negligent manner.
Hence, he being at fault, he as a tort-feasor can not claim the
compensation against his own the Insurance Company. As per the
policy, the personal coverage was given only to an extent of
Rs.1,00,000/- in respect of scheduled injury sustained therein.
6.Before the Tribunal during the course of trial, on behalf of
the respondent herein, he himself was examined as PW1,
Dr.Thiruselvi was examined as PW2 and marked Exs.P1 to P13 and
on behalf of the Insurance Company, one Mr.Babu has been
examined as RW1 and marked Exs.R1 to R7.
7.On a perusal of evidence of PW2/Doctor, Ex.P11/Disability
Certificate, Ex.P2/Discharge Summary and also taking note of the
condition of the policy as could be seen from Ex.R6/Insurance
Policy, this Court finds that the respondent herein is not entitle to
any claim other than the personal Insurance coverage given under
the police since, he being the tort-feasor cannot be allowed to
claim any compensation from his own Insurance Company.
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 594 of 2016
and C.M.P.No.4844 of 2016
8.Besides, it is not in dispute that he is not the owner of the
vehicle and therefore, on the question of no fault liability, this
Court is inclined to award a sum of Rs.50,000/- as compensation.
9.In the result,
(a) This Civil Miscellaneous Appeal is partly allowed to the
limited extent indicated above and the award passed in MCOP
No.137 of 2014 by the Tribunal is set aside and it is modified from
Rs.3,35,758/- to Rs.50,000/-.
(b) As per the award granted by the Tribunal, the Insurance
Company has deposited 50% of the awarded amount and hence,
the balance of the amount apart from the modified amount of
Rs.50,000/-, the Insurance company is permitted to withdraw the
amount before the Tribunal.
(c) Consequently, connected miscellaneous petition is closed.
No costs.
05.02.2021
dua
Index : Yes
Internet : Yes
dua
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 594 of 2016
and C.M.P.No.4844 of 2016
To
1.The Motor Accident Claims Tribunal
(Chief Judicial Magistrate) at Tiruvarur.
2.The Section Officer,
V.R. Section, High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 594 of 2016
and C.M.P.No.4844 of 2016
RMT.TEEKAA RAMAN, J.
dua
C.M.A.No. 594 of 2016
and
C.M.P.No.4844 of 2016
05.02.2021
https://www.mhc.tn.gov.in/judis/
