National Insurance Company Ltd vs Narayanan .. 1St
2022 Latest Caselaw 7237 Mad

                                                                     C.M.A(MD)No.315 of 2019

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 06.04.2022

                                                     CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                            C.M.A(MD)No.315 of 2019
                                                      and
                                            C.M.P(MD)No.3995 of 2019

                  National Insurance Company Ltd.,
                  rep. by Branch Manager,
                  Anguvilas Building,
                  Near Nagaraja Temple,
                  Nagercoil Village and Post,
                  Agastheeswaram Taluk,
                  Kanyakumari District.                             .. Appellant /
                                                                       4th Respondent

                                                       Vs

                  1.Narayanan                                       .. 1st Respondent /
                                                                       Petitioner

                  2.Tamilselvan

                  3.Manikandan

                  4.Jebarsan Ravi
                    [Appeal against R2 to R4 is
                     dismissed for default, vide
                     order, dated 04.11.2019]                       .. Respondents 2 to 4 /
                                                                       Respondents 1 to 3


                  PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
                  1988, against the award, dated 09.02.2018, passed in M.C.O.P.No.89 of
                  2016 by the Motor Accident Claims Tribunal / Chief Judicial Magistrate's
                  Court, Nagercoil.


                  1/6
https://www.mhc.tn.gov.in/judis
                                                                        C.M.A(MD)No.315 of 2019

                                  For Appellant    : Mr.A.Ilango

                                  For Respondent   : Mr.R.Mohanasundaram
                                        No.1         for Mr.C.K.M.Appaji


                                                   JUDGMENT

*********

This Civil Miscellaneous Appeal is directed against the

judgment and decree dated 09.02.2018 made in M.C.O.P.No.89 of

2016, on the file of the Motor Accidents Claims Tribunal / Chief Judicial

Magistrate's Court, Nagercoil.

2.The Insurance Company is the appellant herein,

challenging the award of the Tribunal made in M.C.O.P.No.89 of 2016.

3.The appellant / Insurance Company with which the

offending vehicle having Registration No.TN-45-T-4842 is insured. On

the date of accident, the claimant, who is the rider of the two wheeler

having Registration No.TN-74-0185, was moving from Arun Tution

Centre, Vettornimadam to his home in Kattaiyanvilai. At that time, the

insured vehicle came in the opposite direction and hit against the claim

petitioner, who sustained injury, resulted in filing of M.C.O.P.No.89 of

2016.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.315 of 2019

4.In respect of another claim petition, it appears that the

Insurance Company has settled the matter in the Lok Adalat as it could

be seen from Ex.B.8. Charge sheet is filed against the driver of the

offending vehicle as it could be seen from Ex.A.7.

5.On the point of rash and negligent on the part of the rider

of the two wheeler having Registration No.TN-75-T-4842, which is

insured with the appellant / Insurance Company, in the absence of any

challenge in the appeal, the finding rendered by the Tribunal is hereby

confirmed.

6.On the point of quantum of compensation, both the

parties were heard.

7.After going through the medical evidence of P.W.3,

Dr.Raju alongwith discharge summary, i.e., Ex.P.9, Ex.P.10 and Ex.P.11,

I find that the compensation awarded towards different heads, are

found to be reasonable.

8.A specific plea was raised that the rider of the offending

vehicle does not have valid driving license at the time of accident.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.315 of 2019

Neither the claim petitioner nor the owner has produced the license of

the rider of the offending vehicle and hence, the Tribunal has not

considered this aspect. Since the rider of the offending vehicle does not

have valid driving license at the time of accident, the Insurance

Company cannot be mulcted with the liability. However, based on

various judicial pronouncements, the Insurance Company can be

directed to pay the award amount to the claimant at the first instance

and then to recover the same from the owner of the vehicle by

following the due process of law. Accordingly, the compensation

awarded in M.C.O.P.No.89 of 2016 by the Motor Accident Claims

Tribunal / Chief Judicial Magistrate's Court, Nagercoil, is confirmed,

however modified only to the extent of ''pay and recovery''.

9.This Civil Miscellaneous Appeal is allowed in part only to

the extent as indicated above. No costs. Consequently, connected

Miscellaneous Petition is closed.

                                                                            06.04.2022
                  Index    : Yes/No
                  Internet : Yes/No
                  smn

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.315 of 2019

To

1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Nagercoil.

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

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.315 of 2019

RMT.TEEKAA RAMAN, J.

smn

JUDGMENT MADE IN C.M.A(MD)No.315 of 2019

06.04.2022

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