Madras High Court
M/S National Insurance Company ... vs Chelliah on 11 January, 2021
CMA(MD)No.1236 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)Nos.1236 of 2010
and
M.P(MD)Nos.1 and 2 of 2010
M/s National Insurance Company Ltd.,
Branch Office, 63,Rasi Plaza,
S.N.M.R. Building,
West Prathatchinam Road, Karur,
rep. by its Branch Manager.
.. Appellant
vs.
1.Chelliah
2.S.Selvam
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988 against the fair and decretal order made in MCOP No.
9 of 2007 on the file of the Motor Accident Claims Tribunal (Sub Court),
Karur, dated 07.08.2007.
For Appellant : Ms.P.Malini
For Respondents : Mr.V.Balaji (for R1)
R2- Exparte
1/8
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CMA(MD)No.1236 of 2010
JUDGMENT
This appeal has been preferred by the Insurance Company
questioning the award passed by the Motor Accident Claims Tribunal
(Sub Court), Karur in MCOP No.9 of 2007 dated 07.08.2007.
2.The claim petition was filed by the first respondent herein
seeking compensation of Rs.3,00,000/- on the ground that on 31.05.2006
at 11.00 p.m, he travelled in a motorcycle bearing registration No.TN
-47-M-4457 as pillion rider. It is alleged that the driver applied sudden
brake. In that process, he fell down and sustained fracture and also
injuries. Immediately, he was carried to Karur G.C Hospital, where he
took treatment for 10 days. He also stated that he was aged about 70
years and he was owning 5 Acres land.
3.The claim petition was opposed by the appellant contending that
though the incident had taken place on 31.05.2006, the complaint was
preferred only on 05.06.2006 and it was a false claim. It is also
contended that since the claimant was a senior citizen, aged about 80
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CMA(MD)No.1236 of 2010
years, he fell down and sustained injuries, there is no liability to be fixed
on the insurance company.
4.Before the Tribunal, the claimant himself has examined as P.W.1
and examined Dr.Duraisamy as P.W.2 and marked Exs.P.1 to P.12. No
witness was examined and no documents were produced by the
appellant/Insurance Company.
5.The Tribunal, on appreciation of evidence adduced by the
claimant, found that the rider of the two wheeler caused the incident and
awarded compensation of Rs.83,000/- with interest at the rate of 7.5%
per annum. Aggrieved over the same, the present appeal has been filed.
6.Mr.P.Malini, learned counsel for the appellant/Insurance
Company would contend that there was no explanation offered by the
claimant for the delay in lodging the First Information Report. She
would further contend that the pillion rider had no coverage and at the
time of accident, no extra premium was paid by the insured and hence,
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CMA(MD)No.1236 of 2010
the Tribunal ought to have exonerated the Insurance Company from the
liability.
7.Per contra, Mr.V.Balaji, learned counsel for the claimant justified
the findings of the Tribunal and prayed for dismissal of the appeal.
8.Heard the learned counsel for the appellant/insurance company
and the learned counsel for the claimant.
9.In the matter on hand, the first respondent has approached the
Tribunal contending that on 31.05.2006, when he travelled as pillion
rider in a two wheeler, since sudden brake applied, he fell down and
sustained injuries and fracture. In support of his case, he gave evidence
as P.W.1 and also produced Ex.P.1 First Information Report, Ex.P.3
Motor Vehicles Inspector's Report, Ex.P.4 Rough Sketch, Ex.P.5, Charge
Sheet and Ex.P.6 Judgment of the criminal Court. From the oral evidence
of P.W.1 and the documents marked, it is seen that the criminal case has
been registered against the rider of the two wheeler and he has also paid
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CMA(MD)No.1236 of 2010
fine before the criminal court. So, the finding of the Tribunal that the
rider of the two wheeler was responsible for the accident does not
warrant any interference by this Court and hence, it is confirmed.
10.It is seen that Ex.P.2 is the wound certificate which shows that
in the accident, the claimant sustained injuries and fractures and P.W.2,
Dr.Duraisamy, who examined the claimant, stated that the claimant
suffered 17½% disability and issued Ex.P.11 Disability Certificate.
Exs.P.7 and P.8 are the prescription and Exs.P.9 and P.10 are the medical
bills. So, based on the evidence of P.W.2 and Exs.P.7 to 12, the Tribunal
has awarded Rs.45,000/- towards medical expenses; Rs.12,000/- towards
loss of income; Rs.15,000/- towards loss of estate; Rs.10,000/- for pain
and suffering and Rs.1000/- for extra nourishment. In total, the Tribunal
awarded Rs.83,000/- along with interest at the rate of 7.5% per annum.
In my opinion the amount is reasonable.
11.Though the learned counsel for the appellant would contend
that the Insurance Company is not liable to pay compensation since no
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CMA(MD)No.1236 of 2010
extra premium was paid by the insured, admittedly, no document was
produced before the Tribunal. Hence, I find no substance in the
contention of the learned counsel for the appellant. Hence, the appeal is
liable to be dismissed.
12.In that view, the Civil Miscellaneous Appeal is dismissed. Since
the appeal is dismissed, the appellant/Insurance Company is directed to
deposit the entire award amount with accrued interest and costs, less the
amount already deposited, if any, within a period of eight weeks from the
date of receipt of a copy of this order. On such deposit, the claimant is
permitted to withdraw the award amount, less the amount already
withdrawn, if any, together with proportionate interest and costs. No
costs. Consequently, connected miscellaneous petitions are closed.
11.01.2021
Index:Yes/No
Internet:Yes/No
skn
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CMA(MD)No.1236 of 2010
To
1.The Motor Accident Claims Tribunal,
Sub-Court, Karur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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CMA(MD)No.1236 of 2010
K.KALYANASUNDARAM.,J
skn
JUDGMENT MADE IN
C.M.A(MD)No.1236 of 2010
11.01.2021
http://www.judis.nic.in
