Madras High Court
V.Parthasarathy vs Sivangnanam on 8 February, 2022
C.M.A.No.66 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.M.A.No.66 of 2022
V.Parthasarathy ...Petitioner
Vs
1.Sivangnanam
2.The United India Insurance Company Limited,
No.48, Chandra Plaza, Arcot Road,
Saligramam, Chennai-600 093.
...Respondents
PRAYER Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the judgment and decree dated 04-
08-2021 made in M.C.O.P.No.384 of 2015 on the file of the Motor
Accident Claims Tribunal, II Additional District and Sessions
Judge, Poonamalle, Thiruvallur District and allow the above Civil
Miscellaneous Appeal.
For Petitioner : Mr.Sivakumar
https://www.mhc.tn.gov.in/judis
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C.M.A.No.66 of 2022
ORDER
The claimant is the appellant before this Court seeking an
enhancement of the compensation amount. The brief facts of the case are
as follows:-
2.The appellant/claimant had filed MCOP.No.384 of 2015 on the
file of the Motor Accident Claims Tribunal (II Additional District and
Sessions Judge, Thiruvallur) claiming compensation of sum of
Rs.5,03,000/- for the injuries sustained by him in a road accident on
21.08.2015.
3.It is his case that the petitioner was travelling as a pillion rider in
the Motor cycle belonging to the first respondent. The first respondent
who was driving the motor cycle at a high speed as he reached
Thirumullaivoyal Police Station, the rider of the Motor cycle lost control
and dashed against an Electricity post which caused the accident. As a
result of this the petitioner has sustained multiple and grievous injuries.
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C.M.A.No.66 of 2022
4.The second respondent insurance company had submitted that
the accident had occurred only on account of the negligence of the pillion
rider who did not take care of himself, as a result of which he had fallen
down and sustained injuries. Apart from that, they had taken a defence
that the driver of the Motor cycle did not have a valid driving license at
the time of the incident and therefore, the Insurance company is not liable
to indemnify the owner of the vehicle as he had violated the terms and
conditions of the policy.
5.The Tribunal had held that the negligence was clearly on the part
of the rider of the first respondent two wheeler. The learned Judge had
ultimately awarded a compensation of a sum of Rs.3,32,620/-. As regards
the issue, as to whether the petitioner as pillion rider was entitled to get a
compensation from the second respondent Insurance company, the
Tribunal below has taken note of the fact the first respondent vehicle was
insured and the policy was a limited liability policy. The premium has not
been paid for the pillion rider. Therefore the Insurance company was not
liable to indemnify the owner of the vehicle. The Tribunal has also stated
that the Traffic Advisory Committee had decided the death of a bodily
injury to any person including the person being conveyed in or on the
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C.M.A.No.66 of 2022
motor cycle would be covered provided, such person is not carried for
hire or reward. The learned Judge observed that this instruction had come
into effect on 25.03.1977.
6.In the instant case, the petitioner admittedly is a pillion rider,
who is not a third party and since no premium was paid for the death or
injury to the pillion rider on a two wheeler and hence, the second
respondent was not liable to compensate the claimant. The Tribunal
below has relied upon the judgment reported in [2018 ACJ 781]. The
appellant has not been able to show the document to dislodge the above
findings.
7.In the result, I do not see any reason to set aside the award
granted by the Tribunal. Therefore, the prayer to set aside the judgment
and decree dated 04-08-2021 made in M.C.O.P.No.384 of 2015 on
the file of the Motor Accident Claims Tribunal, II Additional
District and Sessions Judge, Poonamalle, Thiruvallur District stands
dismissed. No costs.
08.02.2022
https://www.mhc.tn.gov.in/judis
C.M.A.No.66 of 2022
Index : Yes/No
Internet : Yes/No
Speaking Order/Non Speaking Order
gd
To
II Additional District and Sessions Judge,
Poonamalle, Thiruvallur
https://www.mhc.tn.gov.in/judis
C.M.A.No.66 of 2022
P.T.ASHA, J,
gd
C.M.A.No.66 of 2022
08.02.2022
https://www.mhc.tn.gov.in/judis
