Madras High Court
The Manager vs Mohammed Rabeek ... First on 29 March, 2022
C.M.A(MD).No.71 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.71 of 2020
and
C.M.P(MD).No.1178 of 2020
The Manager,
Oriental Insurance Company Limited.,
Kamala Subramaniyan Arcade,
Trichy Road,
Thanjavur. ... Appellant/3rd respondent
.vs.
1.Mohammed Rabeek ... First Respondent/Petitioner
2.Pazhanisamy ... 2nd respondent/2nd respondent
(2nd respondent remained exparte before the lower Court)
3.Pazhanimathi
4.Minor.Sakchi
5.Minor.Harish
6.Rani ...3 to 6 respondents/4 to 7 respondents
1/7
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.71 of 2020
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act praying this Court to set aside the judgment made in
M.C.O.P.No.1375 of 2017 dated 13.03.2019, on the file of the Motor
Accident Claims Tribunal Cum [I Additional District & Sessions Judge,
(PCR), Thanjavur] Special District Judge, MCOP, Tribunal(Full
Additional Charge), Thanjavur.
For Appellant : Mr.A.Ilango
For Respondents : No appearance for 1, 3 and 6
R4 and R5 Minor rep by R3
R2-Exparte
JUDGMENT
*************
This Civil Miscellaneous Appeal is filed by the Oriental Insurance
Company Limited, challenging, the judgment and decree passed in
MCOP.No.1375 of 2017, on the file of the Motor Accidents Claims
Tribunal, Additional District and Sessions Judge, (PCR), Thanjavur -
Special District Judge, Thanjavur.
2. The respondents 3 to 6 are the legal heirs of the deceased
Krishnamoorthy.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.71 of 2020
3. The brief case of the respondents 2 to 6/claimants, is as follows:
On 24.08.2017, at 03.45 p.m., while the petitioner was walking on
the Vilar by-pass road, got lift in the 2nd respondent's two wheeler,
bearing Registration No.TN-49-AY-9317, Honda Silme and travelled as a
pillion rider and at that time, from the back side, the rider of the first
respondent's two wheeler, bearing Registration No.TN-49-AR-3214
Passion Pro, drove the vehicle in a rash and negligent manner and dashed
against the back side of the petitioner's two wheeler. Due to the accident,
the petitioner sustained severe injuries and admitted in the hospital. The
accident is occurred only due to the rash and negligent driving of the
second respondent's two wheeler. The said two wheeler was insured with
the present appellant. Both the owner of the two wheeler and the present
appellant, are jointly and severally liable to pay compensation of
Rs.15,00,000/- (Rupees Fifteen Lakhs only) to him.
4. The first respondent is the owner of the vehicle bearing
Registration No.TN-49-AR-3214. Pending MCOP, the first respondent
died and subsequently, his legal heirs are impleaded as respondents.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.71 of 2020
5. Heard both sides and perused the materials available on record.
6. From the evidence of P.W.1 as well as the FIR, this Court comes
to the conclusion that due to the rash and negligent driving of the two
wheeler, which came from behind, namely, TN-49-AR-3214. The
accident had taken place due to the rash and negligent driving of the rider
of the two wheeler bearing Registration No.TN-49-AY-9317 also. Hence,
the accident has taken place due to the composite negligence on the rider
of both the two wheeler. Therefore, the appellant/Insurance Company is
liable to pay only 50% of the award amount and to that extent, the award
passed by the Tribunal stands modified.
7. On the point of quantum of compensation, the Tribunal perused
the evidence of P.W.2/Dr. Jayabalan, Ex.P2/Accident Register,
Ex.P8/Discharge Summary and Ex.10/Original Disability Certificate and
considered various aspects and awarded a just and reasonable
compensation and therefore, the quantum of compensation awarded by
the Tribunal, is hereby confirmed.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.71 of 2020
8. In the result, this Civil Miscellaneous Appeal is partly allowed.
No costs. Consequently, the connected Miscellaneous Petition is closed.
29.03.2022
Index:Yes/No
Internet:Yes/No
tta
To
1.The Motor Accidents Claims Tribunal,
Additional District and Sessions Judge, (PCR),
Thanjavur Special District Judge, Thanjavur.
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.71 of 2020
RMT.TEEKAA RAMAN.,J.
tta
JUDGMENT MADE IN
C.M.A(MD)No.71 of 2020
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.71 of 2020
29.03.2022
https://www.mhc.tn.gov.in/judis
