Nagavalli vs P.Murthy
2021 Latest Caselaw 5776 Mad

                                                                      C.M.A(MD)No.1141 of 2010


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED 04.03.2021

                                                      CORAM

                          THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                           C.M.A(MD)No.1141 of 2010

                      1.Nagavalli
                      2.Raman
                                                                                 .. Appellants

                                                      vs.

                      1.P.Murthy

                      2.United India Insurance Company Ltd.,
                        rep. by its Branch Manager,
                        Sowkath Ali Street,
                        Paramakudi Town,
                        Ramanathapuram District.
                                                                               ...Respondents

                      Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
                      Vehicles Act 1988 against the fair and decretal order dated 10.04.2007
                      made in MCOP No.85 of 2005 on the file of Motor Accidents Claims
                      Tribunal (Chief Judicial Magistrate), Sivagangai.


                                    For Appellant       : Mr.S.Srinivasa Raghavan
                                    For Respondents     : Mr.A.S.Mathiyalagan (for R2)
                                                          No appearance (for R1)


                      1/6


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                                                                       C.M.A(MD)No.1141 of 2010


                                                 JUDGMENT

This appeal has been filed by the claimants aggrieved over the

dismissal of the claim petition in MCOP No.85 of 2005 by the Motor

Accidents Claims Tribunal (Chief Judicial Magistrate), Sivagangai dated

10.04.2007.

2.The claim petition was originally filed by the injured

Chandrasekar. After his death on 18.04.2005, his legal heirs were

substituted as petitioners. The case of the claimants is that on

21.06.2002, the deceased was travelling as a pillion rider in a motorcycle

which was driven by his friend Muniyasamy, the claimant in MCOP No.

82 of 2005. When the vehicle was proceeding near Kumarakuruchi

Karunakaran Rice Mill, it was hit by a lorry bearing reg. No.TN-65-

P-2333, which came from the opposite direction in a rash and negligent

manner. In the accident, both have sustained injuries and immediately,

they were taken to hospital. Since the accident occurred due to the

negligence of the driver of the lorry, the owner and insurer are liable to

pay compensation.

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3.The second respondent Insurance Company resisted the claim

petition contending that the injured rider of the motorcycle was

responsible for the accident and hence, they are not liable to pay

compensation.

4.Before the Tribunal, the parties have adduced oral and

documentary evidence. On appreciation of the evidence, the Tribunal

held that the accident occurred due to the negligence of the driver of the

lorry. The claim petition was dismissed for the reasons that the claimants

failed to produce records to show that the death occurred due to the

injuries sustained in the accident. However, the Tribunal has awarded

Rs.1,100/- for the medical expenses spent by the original claimant.

5.The learned counsel appearing for the appellants/claimants

Mr.S.Srinivasa Raghavan would argue that the Tribunal failed to note

that the deceased was taking treatment continuously after the accident till

his death. In this regard, P.W.2, P.W4 and P.W.5 have given evidence and

also produced Exs.P.5 and P.9, but it has not been properly appreciated by

http://www.judis.nic.in C.M.A(MD)No.1141 of 2010

the Tribunal. The failure to conduct postmortem also cannot be a ground

to reject the case of the appellants.

6.Per contra, Mr.A.S.Mathiyalagan, learned counsel for the second

respondent/Insurance Company argued in support of the conclusion

arrived at by the Tribunal and prayed for dismissal of this appeal.

7.In the matter on hand, it is the case of the original claimant that

on 21.06.2002, he travelled as a pillion rider in a motorcycle, which was

driven by his friend Muniyasamy and both got injured in the accident.

Both have filed claim petitions and the same were taken together by a

common order. The Tribunal has awarded compensation of Rs.45,000/-

to the said Muniyasamy. Since the injured Chandrasekar died after three

years from the accident and the claimants could not produce the records

to establish that the death occurred due to the injuries sustained in the

accident, the claim petition is dismissed.

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8.Though the learned counsel for the appellants submitted that the

claimants have proved the fact that the deceased was continuously taking

treatment till his death, but no records have been produced by the

claimants to establish the same. Exs.P.3 to P.9 are the accident registers,

wound certificate, treatment file, X ray, prescriptions, C.T.Scan and

medical bills.

9.A perusal of the documents would show that the deceased

sustained injuries and he was admitted in a Government Rajaji Hospital

and was discharged in the year 2002 itself, whereas, he lost his breath

only on 18.02.2005. Admittedly, no postmortem was conducted for the

deceased Chandrasekar. Hence, I find no reason to interfere with the

findings of the Tribunal and hence, the appeal fails and the same is

dismissed. No costs.

04.03.2021

Index:Yes/No Internet:Yes/No skn

http://www.judis.nic.in C.M.A(MD)No.1141 of 2010

K.KALYANASUNDARAM.,J

skn To

1.The Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Sivagangai.

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

JUDGMENT MADE IN

C.M.A(MD)No.1141 of 2010

04.03.2021

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