Iffco-Tokiyo General Insurance ... vs K.Udayakumar
2022 Latest Caselaw 15187 Mad

                                                                                    C.M.A.No.3562 of 2013


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 12.09.2022

                                                            CORAM

                                     THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                 C.M.A.No.3562 of 2013


                     Iffco-Tokiyo General Insurance Co. Ltd.,
                     Jon Tower, 2nd Floor,
                     New No.24, Old No.302,
                     LIC Colony, Salem – 4.                                    ... Appellant

                                                             Vs

                     1.K.Udayakumar

                     2.K.Srinivasan                                            ... Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.93 of
                     2009, dated 18.06.2012 on the file of the Motor Accidents Claims Tribunal,
                     1st Additional Subordinate Judge, Salem.
                                     For Appellant      :     M/s.Harini
                                                              for M/s.M.B.Gopalan Associates

                                     For Respondents :        Mr.K.Kuppusamy




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https://www.mhc.tn.gov.in/judis
                                                                                    C.M.A.No.3562 of 2013


                                                           JUDGEMENT

The award has been challenged by the Insurance Company on the

ground that the accident has been caused by the petitioner himself and

therefore, he being the tort feesor, the Insurance Company is not liable to

compensate him.

2.The brief facts are as follows :-

The petitioner was working with M/s.ELGI Equipments Ltd.,

Coimbatore on a monthly salary of Rs.5,000/-. On 02.05.2008, when he was

riding his motorcycle on the Omalur Main Road at about 12 hours as he was

proceeding near Dhina Thanthi Office Services Road, all of a sudden, a

pedestrian begun to cross the road from South to North, as a result of which,

the petitioner has lost control of the vehicle and the motorcycle had hit the

pedestrian causing injury. According to the petitioner, the accident had

occurred out of use of the vehicle. Therefore, he had to be compensated by

the respondents.

https://www.mhc.tn.gov.in/judis C.M.A.No.3562 of 2013

3.The first respondent was the owner of the motorcycle and the

second respondent is the Insurance Company.

4.The second respondent/Insurance Company has filed a counter

denying their liability to compensate the petitioner. The Motor Accidents

Claims Tribunal, 1st Additional Subordinate Judge, Salem, before which, this

claim petition in M.C.O.P.No.93 of 2009 was pending held that the accident

had occurred due to the sudden appearance of the pedestrian crossing the

road.

5.Ultimately, the Tribunal had awarded a compensation of a sum of

Rs.68,000/-, the claim petition has been filed under Section 163A of the

Motor Vehicles Act complying 2nd schedule. Challenging the same, the

Insurance Company has preferred the above appeal.

6.Heard the learned counsels on both side and perused the materials

available on record.

https://www.mhc.tn.gov.in/judis C.M.A.No.3562 of 2013

7.Admittedly, the accident had occurred on account of the negligence

on the part of the rider of the motorcycle, namely the petitioner himself, first

respondent herein. Therefore, he is not entitled for compensation. However,

he would be entitled to a sum of Rs.25,000/- under the head of no fault

liability, since the accident has occurred only on account of his negligence.

8.Accordingly, the appeal is partly allowed and the Award of the

Tribunal is modified, reducing the compensation amount from Rs.50,000/-

to Rs.25,000/-. The Appellant-Insurance Company is directed to deposit the

said amount to the credit of M.C.O.P.No.93 of 2009 along with interest at

the rate of 7.5% per annum from the date of claim petition till the date of

deposit and costs as awarded by the Tribunal, less, the amount, if any

already deposited, within a period of four weeks from the date of receipt of a

copy of this judgment. On such deposit being made, the first

respondent/claimant is permitted to withdraw the award amount, along with

proportionate accrued interest and costs as awarded by the Tribunal, less,

https://www.mhc.tn.gov.in/judis C.M.A.No.3562 of 2013

the amount, if any already withdrawn, by filing necessary application before

the Tribunal. There shall be no order as to costs in the present appeal.

12.09.2022 Index : Yes/No Speaking order/non-speaking order sp

To

1.The Motor Accidents Claims Tribunal, 1st Additional Subordinate Judge, Salem.

2.The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis C.M.A.No.3562 of 2013

P.T.ASHA, J.,

sp

C.M.A.No.3562 of 2013

12.09.2022

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