Minor.Kannan vs Alagupandi
2022 Latest Caselaw 15034 Mad

                                                                      C.M.A(MD)No.655 of 2009

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 08.09.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                              C.M.A(MD)No.655 of 2009


                     Minor.Kannan
                     represented through his Father & Natural Guardian,
                     Thiru Ramar.                                            ... Appellant
                                                          vs.

                     1.Alagupandi
                     2.M/s.The Oriental Insurance Company Ltd.,
                       Represented through its Divisional Manager,
                       Having Office at 216-A, Nethaji Road,
                       Madurai-01.                                          ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, to set aside the judgment and decree dated
                     25.11.2008 passed in M.C.O.P.No.1250 of 2002 on the file of the Motor
                     Accidents Claims Tribunal, Chief Judicial Magistrate, Madurai.


                                     For Appellant       : Mr.G.Prabhu Rajadurai

                                     For R-1 and R2      : No appearance

                                     For R3              : Dispensed with

                                                        ***



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https://www.mhc.tn.gov.in/judis
                                                                                C.M.A(MD)No.655 of 2009

                                                          JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the

judgment and decree, dated 25.11.2008 passed in M.C.O.P.No.1250 of

2002 on the file of the Motor Accident Claims Tribunal, Chief Judicial

Magistrate, Madurai.

2. The case of the claimant, in nutshell, is as follows:

On 01.01.2001 at about 8.30 a.m the appellant's mother has laid

down the paddies in the public ground for drying it in Thodaneari

Village, where the minor appellant has also been playing along with his

friends. At that time, the first respondent's two wheeler viz., TVS Suzuki

Max 100, bearing Registration No.TN-58-D-2745 driven by its driver in

a rash and negligent manner without sounding horn, dashed against the

minor appellant. In the impact, he was thrown out and sustained injuries.

Immediately, he was taken to the Government Rajaji Hospital, Madurai,

where he was admitted as an inpatient from 01.01.2001 to 03.01.2001.

Alleging that the accident had happened due to the rash and negligent

riding of the rider of the two wheeler, the appellant filed claim petition

claiming compensation of Rs.8,00,000/-.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.655 of 2009

3.The present respondents contested the claim petition on all the

grounds available to them.

4.Before the Tribunal, on the side of the claimant, four witnesses

were examined as P.W.1 to P.W.4 and nine documents were marked as

Exs.P.1 to P.9. On the side of the respondents, two witnesses were

examined as R.W.1 and R.W.2 and two documents were marked as

Exs.R.1 and R.2.

5.The Tribunal, considering the pleadings, both oral and

documentary evidence let in by both the parties, dismissed the claim

petition. Against the said order, the appellant has come out with the

present appeal.

6.Heard Mr.J.Alaguram Jothi, learned counsel appearing for the

appellant and Mr.A.K.Baskara Pandian, learned counsel appearing for

the second respondent and perused the materials available on record.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.655 of 2009

7.The main ground on which the present appeal is filed by the

appellant is that one Kannan only drove the offending vehicle at the time

of accident and that the appellant also proved the same by way of

producing Ex.P2 and Ex.P5. But, the Tribunal erroneously dismissed the

claim petition without awarding any compensation.

8. In the evidence of P.W.2, she has clearly stated that one Sathish,

S/o.Soundarapandi Vathiyar drove the offending vehicle in a rash and

negligent manner and dashed against her son. Even, in FIR relating to

the accident, it has been stated that one Sathish, S/o.Soundarapandi

Vadhiyar drove the offending vehicle and dashed against the minor

appellant and she has clearly identified the person who caused the

accident and also she has not mentioned the name and number of the two

wheeler. The father of the appellant (P.W.1) also deposed before the

Tribunal that one Sathish, S/o.Soundarapandi Vadhiyar drove the

offending vehicle and caused accident. It is also found that the said

Sathish was not having valid driving licence at the time of accident and

the vehicle has no insurance coverage. Hence, the Tribunal dismissed the

claim petition. I find no reason to interfere with the conclusion reached

by the Tribunal. This appeal has no merit.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.655 of 2009

9.For the foregoing reasons, the Civil Miscellaneous Appeal fails

and the same is dismissed. No costs.

08.09.2022

Index :Yes/No Internet :Yes/No cp

To

1.The Motor Accidents Claims Tribunal, (Additional District Judge), (Fast Track Court-II), Madurai.

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.655 of 2009

A.A.NAKKIRAN,J.

cp

JUDGMENT MADE IN C.M.A(MD)No.655 of 2009

08.09.2022

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