Madras High Court
M/S.New India Assurance Co. Ltd vs Sarasu on 15 September, 2022
C.M.A.No.3633 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A. No.3633 of 2014
and
M.P.No.1 of 2014
M/s.New India Assurance Co. Ltd.,
No.127/A, Thiruvika Street,
Villupuram. ... Appellant
vs.
1.Sarasu
2.Santhi
3.Ramalingam
4.Dayalan
5.N.Arichandiran ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 28.02.2013 in
M.C.O.P.No.138 of 2008 on the file of the Motor Accident Claims Tribunal
(Chief Judicial Magistrate) at Villupuram.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.3633 of 2014
For Appellant : Mr.J.Chandran
For Respondents : Mr.V.Sivasundaram
1 to 4
For 5th Respondent : Served - No Appearance
JUDGMENT
Challenging the award being granted to a tort-feasor the Insurance
Company has filed the above appeal in M.C.O.P.No.138 of 2008 on the file
of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) at
Villupuram.
2. The facts in brief is herein below narrated and the parties are
referred to the same ranking as before the Tribunal:
The petitioners who are the legal representatives of one Ramesh who
died in a road accident on 22.12.2006 had filed the above claim petition
seeking compensation of a sum of Rs.15,00,000/-. The deceased Ramesh
was an Auto driver aged about 30 years, he was earning a monthly income of
Rs.10,000/-. It is their case that on 22.12.2006, the deceased was travelling
in a two wheeler bearing Registration No.TN.32.C.6342 for the personal
work of the 1st respondent, while so a bullock cart suddenly crossed the road
https://www.mhc.tn.gov.in/judis
C.M.A.No.3633 of 2014
forcing the deceased to apply sudden brake and on account of applying
sudden brake, the deceased had fallen down and sustained grievous injuries
and had died while being taken to the hospital.
3. The Insurance Company had filed a counter and sought leave to
contest on all the grounds available to the insurer. Since the insured had
being set exparte, they had disputed that they are not liable to pay
compensation on the ground that he had caused the accident himself. That
apart, the deceased did not hold a valid driving license.
4. The Tribunal proceeded to hold that the accident had occurred on
account of the negligence of the driver of the 1st respondent vehicle namely
the deceased himself but proceeded to award a sum of Rs.4,49,000/- as
compensation. Aggrieved by the same, the Insurance Company has preferred
this appeal.
5. Heard the learned counsel for the appellant and learned counsel for
the respondents.
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C.M.A.No.3633 of 2014
6. Admittedly, the accident had occurred not on account of the
intervention of any third party but only on account of the deceased. Further,
the deceased did not possess a valid driving license at the time of the
accident. This Court in the judgment of Divisional Manager, TATA AIG
General Insurance Co. Ltd., vs. A.C.Jagadeesann reported in 2022 (1) TN
MAC 521 following the judgment of the Hon'ble Supreme Court in
Ramkhiladi and another vs. United India Insurance Company and another
reported in 2020 (1) TN MAC 1 (SC) held that the injury or death of the
claimant has to be on account of the involvement of a third party and not on
account of his own fault so as to claim compensation under Section 163 A or
Section 142 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the
Act"). The very nomenclature of the compensation under the head of Section
142 and Section 163 A of the Act is "no fault liability" which means that the
person claiming compensation should not be responsible for the accident. In
case the accident is on account of the negligence of the deceased, he is not
entitled to compensation. Therefore, taking into account the above referred
judgment, the claimants are not entitled to any compensation.
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C.M.A.No.3633 of 2014
7. In the result, the Civil Miscellaneous Appeal is allowed and the
Judgment and Decree dated 28.02.2013 in M.C.O.P.No.138 of 2008 on the
file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) at
Villupuram is set aside. No costs. Consequently, connected miscellaneous
petition is closed.
15.09.2022
Index : Yes/No
Speaking / Non-speaking order
ssn/mka
To:
1. The Motor Accident Claims Tribunal
(Chief Judicial Magistrate)
Villupuram.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3633 of 2014
P.T.ASHA, J.,
ssn/mka
C.M.A. No.3633 of 2014
and
M.P.No.1 of 2014
15.09.2022
https://www.mhc.tn.gov.in/judis
