The Branch Manager vs Ponnammal
2021 Latest Caselaw 4714 Mad

                                                                              C.M.A.(MD)No.164 of 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                  DATED: 23.02.2021
                                                      CORAM:
                               THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                            C.M.A.(MD)No.164 of 2021
                                          and CMP.(MD)No.1378 of 2021

                    The Branch Manager,
                    National Insurance Co.Ltd.,
                    Door No.63, Rasi Plaza,
                    West Pirathaksinam Road,
                    Karur, Karur Taluk,
                    Karur District.                                                  ... Appellant

                                                        Vs.
                    1.Ponnammal
                    2.Minor Subashree
                    3.Palaniammal
                    4.S.Vivek                                                     ... Respondents

                    PRAYER: This Appeal filed under Section 173 of the Motor Vehicles Act,
                    1988, to set aside the fair and decreetal order dated 17.06.2019 made in
                    MCOP.No.96 of 2017 on the file of the Motor Accident Claims Tribunal
                    (Principal District Judge), Dindigul and allow this appeal.


                                For appellant            : Mr.S.Srinivasaragavan
                                For R1 to R3             : Mr.S.Pugalendhi


                                                    JUDGMENT

This Civil Miscellaneous Appeal has been filed against the fair and

decreetal order dated 17.06.2019 made in MCOP.No.96 of 2017 on the file

of the Motor Accident Claims Tribunal (Principal District Judge), Dindigul.

2.Brief facts of the case is that on 13.09.2015, at about 06.30 pm.,

when the deceased was riding his Hero Honda Passion Plus bearing

Registration No.TN 01 AE 9934 along with pillion rider Thangavel towards

Sempatti to Batlagundu Highway from East to West at Koolampatti

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C.M.A.(MD)No.164 of 2021

junction near bus shelter, at that time, the fourth respondent's lorry

bearing Registration No.TN 47 AC 8685 coming in the same direction at

front, in a rash and negligent manner, without adhering traffic rules and

regulations in uncontrollable speed applied sudden brake. As a result, the

two wheeler lost his control and dashed against the lorry. Due to that

accident, the deceased sustained injuries all over his body and died on

15.09.2015. Hence, the legal heirs of the deceased, who are respondents

1 to 3 herein, had filed claim petition in MCOP.No.96 of 2017 before the

Motor Accident Claims Tribunal (Principal District Judge), Dindigul. The

Tribunal after due consideration awarded a sum of Rs.13,06,000/- as

compensation. Aggrieved over the same, the appellant / Insurance

Company filed the present appeal.

3.The learned counsel for the appellant would submit that it is a

case of drunken drive and the Tribunal has failed to appreciate the

evidence of PW.2 which would clearly prove that the deceased was under

the influence of alcohol at the time of accident and has invited the

accident by his own negligence and hence, the Insurance Company is not

liable to pay compensation. Therefore, he would pray for allowing of this

appeal.

4.The learned counsel appearing for the respondents 1 to 3 would

submit that the deceased had not consumed alcohol at the time of

accident. He would state that the postmortem report of the deceased

does not state about the consumption of alcohol and hence, he would

pray for dismissal of this appeal.

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C.M.A.(MD)No.164 of 2021

5.Heard the learned counsel for the appellant and the learned

counsel for the respondents 1 to 3 and perused the materials available on

record.

6.Perusal of record shows that due to head injuries sustained by the

deceased in the accident, he was died. It is seen from the postmortem

report produced by the learned counsel for the respondents 1 to 3 there is

nothing to show that the deceased consumed alcohol at the time of

accident and the Tribunal rightly fixed the compensation where I do not

find any infirmity and the interference of this Court does not warranted.

7.In the result, this Civil Miscellaneous Appeal is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                                   23.02.2021


                    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.

To

1.The Motor Accident Claims Tribunal (Principal District Judge), Dindigul.

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.M.A.(MD)No.164 of 2021

J.NISHA BANU,J.

gns

C.M.A.(MD)No.164 of 2021

23.02.2021

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