United India Insurance Company ... vs A.Ramasamy
2023 Latest Caselaw 11493 Mad

                                                                            C.M.A.No.672 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED:30.08.2023

                                                       CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                  C.M.A.No.672 of 2022
                                                and C.M.P.No.4784 of 2022

                     United India Insurance Company Limited,
                     Shiva Medical 'B' upstair,
                     Calicut Road, Gudalur,
                     The Nilgris District – 643 212.                        ... Appellant

                                                         Versus


                     1.A.Ramasamy
                     2.T.Dinesh
                     3.T.Thanajayam                                         ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, against the judgment and decree dated 04.01.2021
                     passed in M.C.O.P.No.231 of 2019, on the file of the Motor Accident
                     Claims Tribunal, III Additional District Court, Special Subordinate
                     Court, Erode.


                                  For Appellant        : Mr.J.Chandran
                                  For Respondents      : No Appearance




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                                                                                  C.M.A.No.672 of 2022

                                                       JUDGMENT

This appeal has been filed by the appellant/Insurance Company

challenging the compensation awarded by the Tribunal in

M.C.O.P.No.231 of 2019, dated 04.01.2021.

2.The claim petition was filed stating that on 12.09.2018 at about

2.00 a.m., while the 1st respondent was travelling in lorry bearing Regn

No.TN-59-A-9947 as the owner of the goods from Erumadu to Ooty, the

driver of the said lorry drove the same in a rash and negligent manner ,

dashed against the side wall of the road; that due to the said accident, the

1st respondent sustained multiple grievous injuries and that thus, the 1 st

respondent was entitled for compensation.

3.The appellants 2 and 3/driver and owner of the lorry remained

ex-parte before the Tribunal.

4.The appellant/Insurance Company filed a counter denying all the

averments made in the claim petition and stated that since the vehicle

from the opposite direction came in wrong side, the driver of the lorry in

order to avoid the accident turned it to the left side, which hit on the wall;

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C.M.A.No.672 of 2022

that the 1st respondent travelled as gratuitous passenger in the lorry and

hence, the appellant was not liable to pay any compensation to the 1st

respondent; that in any case, the compensation claimed was excessive

and prayed for dismissal of the claim petition.

5.Before the Tribunal, the 1st respondent examined two witnesses

and marked Ex.P.1 to Ex.P.19 on his side. The appellant had not

examined any witness or marked any document

6.The Tribunal after considering the oral and documentary

evidence, directed the appellant to pay a sum of Rs.5,75,000/- as

compensation to the 1st respondent.

7.Aggrieved over the award passed by the Tribunal, the appellant

filed the present appeal challenging the findings of the Tribunal with

respect to the negligence aspect.

8.The learned counsel for the appellant submitted that the 1st

respondent was gratuitous passenger and the appellant is not liable to pay

any compensation. The learned counsel for the appellant fairly conceded https://www.mhc.tn.gov.in/judis

C.M.A.No.672 of 2022

that as regards quantum of compensation, there is no infirmity in the

award of the Tribunal.

9.Though notice was served on the respondents, none entered

appearance on behalf of them.

10.The only question involved in the instant appeal is whether the

1st respondent herein was a gratuitous passenger and hence, he is not

entitled to compensation?

11.On perusal of records, it is seen that the Tribunal had held that

the 1st respondent was not an unauthorised passenger and travelled in

lorry along with goods belonging to him. P.W.1 had deposed before the

Tribunal stating the above facts. The appellant had not established before

the Tribunal that the 1st respondent was a gratuitous passenger. In the

absence of any evidence to substantiate their claim, this Court finds no

infirmity in the finding of the Tribunal holding that the appellant is liable

to pay compensation. Since there is no challenge with regard to quantum

of compensation, the award of the Tribunal is confirmed.

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C.M.A.No.672 of 2022

12.With the above observations, this Civil Miscellaneous Appeal

is dismissed and the compensation awarded by the Tribunal is confirmed

together with interest at 7.5% per annum from the date of petition till the

date of deposit. The appellant/Insurance Company is directed to deposit

the award amount along with interest and costs, less the amount already

deposited, if any, within a period of six (6) weeks from the date of a

receipt of copy of this Judgment. On such deposit, the 1 st respondent is

permitted to withdraw the entire award amount along with interest and

costs, less the amount already withdrawn, if any. No costs.

Consequently, connected miscellaneous petition is closed.

30.08.2023

rst

Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

To:

1.The Motor Vehicle Accident Tribunal, III Additional District Court, Special Subordinate Court, Erode.

2.The Section Officer, VR Section, High Court, Madras.

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C.M.A.No.672 of 2022

SUNDER MOHAN, J.

rst

C.M.A.No.672 of 2022 and C.M.P.No.4784 of 2022

30.08.2023

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