M/S.Reliance General Insurance ... vs Muniammal
2021 Latest Caselaw 5505 Mad

                                                                                C.M.A.(MD)No.210 of 2021

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                      DATED: 02.03.2021
                                                          CORAM:
                                      THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                                 C.M.A.(MD)No.210 of 2021
                                               and CMP.(MD)No.1824 of 2021

                   M/s.Reliance General Insurance Co.Ltd.,
                   Rep through its Branch Manager,
                   Sri Meenakshi Pilaza,
                   1st Floor, Plot No.HIG 55,
                   80 Feet Road, Anna Nagar,
                   Madurai-625 029.                                            ... Appellant

                                                            Vs.
                   1.Muniammal
                   2.M.Solaiappan
                   3.P.Sudha
                   4.M.Shajahan                                                 ... Respondents

                   PRAYER: This Appeal filed under Section 173 of the Motor Vehicles Act,
                   1988, to set aside the judgement and decree dated 22.02.2017 passed in
                   MCOP.No.774 of 2010 on the file of the Motor Accident Claims
                   Tribunal/Sessions Judge Communal Clash Cases Court, Madurai by
                   allowing this appeal.


                                      For appellant         : Mr.V.Sakthivel


                                                        JUDGMENT

This Civil Miscellaneous Appeal has been filed against the

judgement and decree dated 22.02.2017 passed in MCOP.No.774 of 2010

on the file of the Motor Accident Claims Tribunal/Sessions Judge

Communal Clash Cases Court, Madurai.

2.Brief facts of the case is that on 28.01.2010, at about 20.30 hours,

when the deceased Periyasamy was travelling on the bus bearing

Registration No.TN 59 AJ 8372 from Thiruppuvanam to Madurai, when

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

C.M.A.(MD)No.210 of 2021

the bus was coming infront of Velammal School due to rash and negligent

driving of the driver, the said Periyasamy sustained multiple injuries all

over the body. Immediately, the deceased was taken to Government

Hospital, Madurai and he was transferred to Meenakshi Mission Hospital

for further treatment from 28.01.2010to 08.02.2010. On 08.02.2010, the

deceased was transferred to Government Rajaji Hospital for further

treatment, but unfortunately the said Periyasamy died on the way to the

Government Rajaji Hospital due to the complications of the injuries.

Hence, the legal heirs of the deceased filed a claim petition in MCOP.

No.774 of 2010 before the Motor Accident Claims Tribunal/Sessions Judge

Communal Clash Cases Court, Madurai. The Tribunal awarded a sum of

Rs.10,94,033/- as compensation. Aggrieved over the same, the

appellant/Insurance Company filed the present appeal on the ground of

negligence on the part of the deceased and questioning the quantum of

compensation awarded.

3.The learned counsel for the appellant would state that the

Tribunal failed to consider the fact that the deceased was standing in the

back foot steps of the fourth respondent bus at the time of accident and

also failed to note that the accident had occurred when the bus crossed

the barricade, the deceased fell down from the bus and sustained multiple

injuries and due to the negligence and carelessness on the part of the

deceased, the accident had occurred. Even as per the evidence of PW.3,

there was sufficient space in the bus to sit and stand, however, the

deceased was standing near the back foot steps of the bus. Therefore,

the appellant / Insurance Company filed the present appeal to set aside

the award passed by the Tribunal.

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C.M.A.(MD)No.210 of 2021

4.Perusal of record shows that the evidence of PW.1 and PW.3 shows

that the deceased was standing near the back side entrance of the bus

and when the bus was crossing the barricade, the driver drove the bus

without reducing the speed, as a result, the deceased was thrown out of

the bus. It is also seen that the appellant herein did not lead any contra

evidence to show that the driver of the bus was careful in driving the

vehicle while crossing the barricade. The finding of the learned Judge is

clear that only due to rash and negligent driving of the bus, the accident

occurred and hence, awarded a just compensation, which does not

require interference.

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

costs. Consequently, connected miscellaneous petition is closed.

                                                                                    02.03.2021


                   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/ Sessions Judge Communal Clash Cases Court, Madurai

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

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

C.M.A.(MD)No.210 of 2021

J.NISHA BANU,J.

gns

C.M.A.(MD)No.210 of 2021

02.03.2021

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