Maria Joseph vs Sakkaraiyas
2021 Latest Caselaw 829 Mad

                                                                            C.M.A.No.2709 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 11.01.2021

                                                     CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                              C.M.A.No.2709 of 2019

                   Maria Joseph                                                   .. Appellant

                                                       Vs.


                   1.Sakkaraiyas

                   2.The Chief Executive Claim Officer
                   Royal Sundaram Alliance Insurance
                     Company Limited
                   No.46, Whites Road, Chennai.                                 .. Respondents



                   Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the

                   Motor Vehicles Act, 1988, to direct the 2nd respondent/the insurer, to pay the

                   award passed in the decree dated 07.01.2019 in M.C.O.P.No.344 of 2006 on

                   the file of Motor Accident Claims Tribunal/Subordinate Judge, Gingee.

                   [Prayer amended vide Court order dated 18.07.2019 made in

                   C.M.P.No.14336 of 2019 in C.M.A.No.2709 of 2019]


                   1/8


https://www.mhc.tn.gov.in/judis/
                                                                                C.M.A.No.2709 of 2019




                                         For Appellant        : Mr.A.Sathishkumar
                                                              for Mr.C.Thangaraju

                                         For R1               : No appearance

                                         For R2               : Mr.M.V.Seshachari

                                                   JUDGMENT

This matter is heard through “Video-Conferencing”.

The Civil Miscellaneous Appeal is filed for a direction to the 2nd

respondent/Insurance Company to pay the compensation and for

enhancement of compensation granted by the Tribunal in the award dated

07.01.2019 made in M.C.O.P.No.344 of 2006 on the file of Motor Accident

Claims Tribunal, Sub Court, Gingee.

2.The appellant is claimant in M.C.O.P.No.344 of 2006 on the file of

Motor Accident Claims Tribunal, Sub Court, Gingee. He filed the said claim

petition claiming a sum of Rs.6,00,000/- as compensation for the injuries

sustained by him in the accident that took place on 11.10.2006.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2709 of 2019

3.According to the appellant, on the date of accident i.e., on 11.10.2006

at about 14.30 hours, while he was travelling in the tractor belonging to the

1st respondent near Alambadi, for election canvass, the driver of the tractor

drove the same in a rash and negligent manner, applied sudden brake, due to

which, the appellant fell down, the tractor ran over him and thus the accident

occurred. In the accident, the appellant sustained multiple injuries all over the

body and therefore, filed the claim petition claiming compensation as against

the respondents.

4.The 1st respondent, owner of the tractor remained exparte before the

Tribunal.

5.The 2nd respondent/Insurance Company being insurer of the tractor

did not file any counter statement.

6.Before the Tribunal, the appellant examined himself as P.W.1 and 15

documents were marked as Exs.P1 to P15. The respondents did not let in any

oral and documentary evidence.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2709 of 2019

7.The Tribunal, considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

the driver of the tractor belonging to the 1st respondent and directed the 1st

respondent to pay a sum of Rs.9,06,400/- as compensation to the appellant

and dismissed the claim petition as against the 2nd respondent/Insurance

Company as the appellant travelled in the said tractor as an un-authorised

passenger.

8.The appellant has come out with the present appeal challenging the

portion of the award dismissing the claim petition as against the 2nd

respondent/Insurance Company as well as for enhancement of compensation.

9. Though the learned counsel appearing for the appellant raised

grounds alleging that the compensation awarded by the Tribunal is meagre

and prayed for enhancement of compensation, filed C.M.P.No.14336 of 2019

for amending the prayer directing the 2nd respondent to pay the award passed

in the decree dated 07.01.2019 in M.C.O.P.No.344 of 2006 on the file of the

Motor Accident Claims Tribunal, Sub Court, Gingee. This Court by order

dated 18.07.2019 ordered amendment of the prayer directing the 2nd

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2709 of 2019

respondent to pay the award amount passed in the decree dated 07.01.2019 in

M.C.O.P.No.344 of 2006. In view of such amendment, the only question to be

decided in this appeal is whether the 2nd respondent/Insurance Company is

liable to pay compensation or not.

10. The learned counsel appearing for the appellant contended that the

Tribunal failed to note that the 1st respondent remained exparte before the

Tribunal and erred in directing the 1st respondent, owner of the tractor to pay

compensation to the appellant. The tractor was insured with the 2nd

respondent/Insurance Company. Therefore, the Tribunal ought to have

ordered pay & recovery and prayed for a direction to the 2nd

respondent/Insurance Company to pay compensation to the appellant.

11. Per contra, the learned counsel appearing for the 2nd

respondent/Insurance Company contended that the appellant travelled as an

unauthorised passenger in the tractor and hence the Tribunal rightly

dismissed the claim petition as against the 2nd respondent/Insurance Company

and prayed for dismissal of the appeal.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2709 of 2019

12. Though notice has been served on the 1st respondent and his name

is printed in the cause list, there is no representation on behalf of him either

in person or through counsel.

13. Heard the learned counsel appearing for the appellant as well as the

learned counsel appearing for the 2nd respondent/Insurance Company and

perused the entire materials on record.

14. It is the case of the appellant that while he was travelling in the

tractor for election canvass, the accident has occurred due to rash and

negligent driving by the driver of the tractor. The Tribunal considered the

case of the appellant and held that in the tractor, the passengers cannot travel

and hence, the 2nd respondent/Insurance Company is not liable to pay

compensation to the appellant, who travelled in the tractor as an unauthorised

passenger. It is well settled that the passengers cannot travel in the tractor, it

is meant only for driver and all other persons travelling in the tractor are only

unauthorised passengers. The policy issued by the 2nd respondent does not

cover the risk of unauthorised passenger travelling in the tractor. In view of

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2709 of 2019

the well settled law, there is no error in the award of the Tribunal dismissing

the claim petition as against the 2nd respondent/Insurance Company and

directing the 1st respondent alone to pay compensation to the appellant.

15.In the result, this Civil Miscellaneous Appeal is dismissed and the

compensation awarded by the Tribunal at Rs.9,06,400/- along with interest

and cost is confirmed. The 1st respondent is directed to deposit the amount

awarded by the Tribunal along with interest and costs, less the amount

already deposited, if any, within a period of six weeks from the date of receipt

of a copy of this judgment. On such deposit, the appellant is permitted to

withdraw the amount awarded by the Tribunal along with interest and costs,

less the amount if any, already withdrawn. No costs.

11.01.2021 Index : Yes / No Internet : Yes/ No kj

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2709 of 2019

V.M.VELUMANI, J.,

kj

To

1.The Subordinate Judge Motor Accident Claims Tribunal Gingee.

2.The Section Officer V.R.Section High Court, Chennai.

C.M.A.No.2709 of 2019

11.01.2021

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