The Branch Manager vs S.K.Veerapathiran : ...
2021 Latest Caselaw 4919 Mad

                                                       1

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated: 25.02.2021

                                                  CORAM

                              THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                         C.M.A(MD)No.154 of 2013
                                                      and
                                            MP(MD)No.1 of 2013
                     The Branch Manager,
                     The Reliance General Insurance Company Limited,
                     No.23, Spurt Tank Road,
                     Heavitree Unit No.1, 3rd Street,
                     Chetput, Chennai City.               : Appellant/3rd Respondent

                                                      Vs.

                     1.S.K.Veerapathiran                 : R1/Petitioner
                     2.The General Manager,
                       Tamil Nadu State Transport Corporation,
                       Maruthupathi,
                       Karaikudi Town,
                       Sivagangai District.
                     3.The Managing Director,
                       M/s.Reliance Infocom Ltd.,
                       SP-13, Thiru Vi Ka Industrial Estate,
                       Ekkattuthangal,
                       Chennai-600 097.             : R2 and R3/Respondents 1 and 2

                            PRAYER:- Civil Miscellaneous Appeal has been filed under
                     Section 173 of the Motor Vehicles Act, 1988 against the award
                     passed by the Motor Accident Claims Tribunal (Sub Court),
                     Paramakudi, made in MCOP No.31 of 2010, dated 08.09.2011.

                                      For Appellant         : Mr.S.Srinivasa Raghavan
                                      For 1st Respondent    : Mr.D.Senthil
                                      For 2nd Respondent    : Mr.D.Sivaraman
                                      For 3rd Respondent    : No appearance



https://www.mhc.tn.gov.in/judis/
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                                                JUDGMENT

This Civil Miscellaneous Appeal has been filed challenging

the award passed by the Motor Accident Claims Tribunal (Sub

Court), Paramakudi, dated 08.09.2011 made in MCOP No.31 of

2010.

2.The short facts of the case is that on 01.03.2009, the

injured claimant was travelling as pillion rider in the motor cycle

TN-09-AJ-0032, while one Ramsingh riding the motor cycle. When

they were proceeding near Paramakudi Vaigah River bridge, the

Transport Corporation Bus TN-63-N-0681 came in a rash and

negligent manner and dashed against the motor cycle. In the

accident, both the rider and pillion rider of the motor cycle

sustained injuries and the front side wheel of the bus was climbed

over both the legs of the claimant herein. Immediately, he was

taken to Paramakudi Government Hospital and subsequently, he

was taking treatment in a private hospital at Madurai. The injured

claimant has filed a claim petition seeking compensation of Rs.

15,00,000/- on the ground that the offending vehicle caused the

accident.

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3.Before the tribunal, on the side of the claimant, 4 witnesses

were examined and marked 22 documents. On the side of the

Transport Corporation, one witness was examined and no

document was marked.

4.The Tribunal, on consideration of oral and documentary

evidence adduced by the parties, came to the conclusion that the

driver of the offending vehicle has caused the accident and

awarded compensation of Rs.11,02,794/- together with interest @

7.5% p.a and directed the Transport Corporation and the Reliance

General Insurance Company to pay the compensation at the ratio of

50:50. Challenging the same, the Reliance General Insurance

Company is before this court.

5.The learned counsel for the appellant Insurance Company

submitted that the tribunal failed to consider the fact that the

accident took place on account of the sole negligence of the driver

of the bus owned by the Tamil Nadu Transport Corporation and

there was no composite negligence on the part of the rider of the

motor cycle and there was no proof for loss of avocation by the

injured claimant and hence, there is no functional disability and the

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tribunal was not justified in adopting the multiplier theory to assess

the disability and prays that the Civil Miscellaneous Appeal has to

be allowed. On the other hand, the learned counsel appearing for

the 1st respondent/claimant argued in support of the findings of the

tribunal.

6.The learned counsel appearing for the 2nd respondent

Transport Corporation contended that the negligence fixed on the

part of the driver of the bus is not in consonance with the materials

available on record and hence, prays that the composite negligence

fixed on the part of the driver of the bus is not correct and it is to

be set aside.

7.In this case, PW1 stated that the accident occurred due to

the rash and negligent driving of the Transport Corporation Bus

driver. But on the side of the 2nd respondent Transport Corporation,

it is stated that the accident occurred due to the rash and negligent

driving of the two wheeler. Hence, it is necessary to be decided

whether the accident took place due to the negligent on the part of

the driver of the bus or on the part of the driver of the two wheeler.

For that, it is necessary to refer the rough sketch Ex.P2 and

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observation mahazar Ex.P3. On careful perusal of the evidence of

PW1 and Exs.P2 and P3, it reveals that the accident took place due

to the composite negligence on the part of the drivers of both the

vehicles.

8.It is pertinent to note here that the driver of the bus has not

chosen to give the complaint stating that the accident took place

only due to the rash and negligent driving of the driver of the two

wheeler. Further, the driver of the bus has not sent any petition

opposing registration of the criminal case against him. Hence, this

court held that the accident occurred only due to composite

negligent on the part of the driver of the bus and the rider of the

two wheeler. Therefore, this court fixed the negligence at 70% on

the part of the driver of the bus and 30% fixed on the part of the

rider of the two wheeler.

9.It is to be noted that the learned counsel appearing for the

appellant Insurance Company and the 2nd respondent Transport

Corporation have not disputed the quantum award by the tribunal

and they have challenged this appeal on the basis of the

negligence. Hence, this court, while confirming the award passed

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by the tribunal, fixed the negligence at the ratio of 70% on the side

of the bus driver and 30% on the part of the rider of the motor

cycle.

10.In the result, this Civil Miscellaneous Appeal is partly

allowed. The negligence is fixed at 70% on the part of the driver of

the bus and 30% on the part of the rider of the two wheeler. The

appellant Insurance Company and the 2nd respondent Transport

Corporation are directed to deposit their apportionment of

negligence amount as fixed by this court before the tribunal

together with interest at the rate of 7.5% p.a. from the date of

petition, till the date of deposit. On such deposit, the 1st

respondent/claimant is entitled to withdraw the entire amount

without filing any formal petition before the tribunal. The excess

amount if any, shall be refunded to the appellant Insurance

Company. No costs. Consequently, connected Miscellaneous

Petition is closed.

25.02.2021

Index:Yes/No Internet:Yes/No

er

https://www.mhc.tn.gov.in/judis/

To,

1.The Motor Accident Claims Tribunal/ Sub Court, Paramakudi.

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

https://www.mhc.tn.gov.in/judis/

T.KRISHNAVALLI,J

er

Judgement made in C.M.A(MD)No.154 of 2013

25.02.2021

https://www.mhc.tn.gov.in/judis/