Madras High Court
The Oriental Insurance Company ... vs Jeyalakshmi on 11 January, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)No.1111 of 2011
and
M.P(MD)No.1 of 2011
The Oriental Insurance Company Ltd,
represented by its
Divisional Manager,
South Main Street,
Taluk and City No.18/58,
Thanjavur Municipality.
...Appellant/Respondent No.2
Vs.
1.Jeyalakshmi ... Respondent/Petitioner
2.Thirunavukkarasu ... Respondent/ Respondent No.1
PRAYER:Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the judgment and decree passed in M.C.O.P.No.
227/2003, dated 17.07.2006 on the file of the Motor Accidents Claims Tribunal
cum Sub Court, Pattukottai.
For Appellant : Mr.C.Jawahar Ravindran
For Respondents : No appearance
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2
JUDGMENT
The Insurance Company has filed this appeal, questioning the judgment
and decree passed by the Motor Accidents Claims Tribunal (Sub Court),
Pattukottai in M.C.O.P.No.227 of 2003, dated 17.07.2006, wherein, the Tribunal
has awarded a sum of Rs.1,06,000/- as against the claim of Rs.5,00,000/-.
2.The case of the claimant in brief is as follows:
(i) The 1st respondent herein filed a claim petition before the Tribunal,
alleging that on 03.10.2002 at about 07.00pm, she was walking from
Thandarampattu to her house. At that time, a two wheeler bearing Registration
No.TN49 H 9694 came in a high speed and hit her. In the impact, she sustained
injuries and immediately, she was taken to the Kanagesa Hospital at Pattukottai
and thereafter, she took treatment at Vinodhan Memorial Hospital at Thanjavur.
Since the accident occurred due to the negligence of the Driver of the vehicle,
the owner as well as the Insurance Company are liable to pay the compensation.
(ii) In the original counter, the appellant disputed the manner of the
accident, pleaded in the claim petition and it is also stated that the claim was
excessive. Further in the additional counter filed on 19.01.2004, the appellant
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has specifically stated that the claimant sustained injuries in an accident that
took place on 02.10.2002 and she was taking treatment at Kanagesa Hospital at
Pattukottai from 02.10.2002 till 04.10.2002 and hence, the claim is bogus and
no liability can be fastened on the Insurance Company.
3.Before the Tribunal the claimant had examined 6 witnesses and marked
11 documents. On the side of the appellant/ Insurance Company, three witnesses
were examined and three documents were marked. On appreciation of the
evidence adduced by the parties, the tribunal came to the conclusion that the
rider of the two wheeler was responsible for the accident and awarded
compensation as stated supra. Aggrieved over the judgment and decree of the
Tribunal, the present appeal is filed.
4.Mr.C.Jawahar Ravindran, learned Counsel appearing for the appellant
would urge that the Tribunal failed to note that actually the claimant has
sustained injury in an accident that had taken place on 02.10.2002, in which,
she was hit by a vehicle and to make a false claim, it was pleaded that she
sustained injury in the accident that had taken place on 03.10.2002. It is also
contended that there was a delay of 4 days in preferring the complaint and the
evidence adduced on behalf of the appellant was not properly appreciated by the
Tribunal.
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5.Though the respondents were served with notice and their names were
printed in the cause list, none appeared for them.
6.A perusal of the records would reveal that the 1st respondent approached
the Tribunal, contending that she sustained injury in the accident that had taken
place on 03.10.2002. A perusal of the additional counter filed by the appellant
would show that they have categorically stated that the claimant sustained
injury on 02.10.2002 and she was taking treatment upto 04.10.2002 in Kanagesa
Hospital at Pattukottai, so, the case of the claimant is bogus. To substantiate the
said defence, they examined one N.Sekar, who was working as a Manager in
Kanagesa hospital as RW2 and also marked Exs R1 and R2. The evidence of
RW1 and exhibits R1 and R2 would reveal that the claimant suffered injury in
the accident that had taken place on 02.10.2002. RW2 has also stated that the
claimant was hit by a bicycle on 02.10.2002. The documents available on record
show that she was taking treatment in the hospital from 02.10.2002 to
04.10.2002. As rightly pointed out by the learned Counsel for the appellant, the
delay in lodging the complaint was also not properly explained by the claimant.
These facts have been overlooked and not appreciated by the Tribunal.
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7.Taking note of the above facts, I am of the opinion that the claimant is
not entitled for the compensation and hence, this appeal is allowed. The
judgment and order of the Tribunal, dated 17.07.2006 in M.C.O.P.No.227 of
2003 is set aside.
8.It is represented that the while granting interim stay, this Court directed
the appellant to deposit the entire award amount. Since the award of the tribunal
is set aside, the appellant is entitled to get back the money, deposited to the
credit of the claim petition. No costs. Consequently, connected miscellaneous
petition is closed.
Index : Yes/No 11.01.2021
Internet : Yes/No
dsk
To
1.The Judge,
Motor Accidents Claims Tribunal (Subordinate Court),
Pattukottai.
2.The Divisional Manager,
The Oriental Insurance Company Ltd,
South Main Street,
Taluk and City No.18/58,
Thanjavur Municipality.
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K.KALYANASUNDARAM, J.
dsk
C.M.A(MD)No.1111 of 2011
11.01.2021
http://www.judis.nic.in
