The Branch Manager vs P.Rajendran
2023 Latest Caselaw 5261 Mad

                                                                                    C.M.A.(MD)No.486 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 02.06.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                 C.M.A.(MD)No.486 of 2023
                                                          and
                                                 C.M.P(MD)No.6183 of 2023

                The Branch Manager,
                United India Insurance Company Ltd.,
                Karaikudi.                                       ...Appellant/2nd Respondent


                                                          Vs.
                1.P.Rajendran
                2.K.Selvi
                3.P.Muthuchamy
                4.M.Panjavarnam
                5.P.Murugan                                     ...Respondents 1to5/Petitioners 1 to5

                6.S.Luckas                                      ...6th Respondent/1st Respondent

                PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, 1988, against the judgment and decree dated 28.06.2022
                passed in M.C.O.P.No.218 of 2017 by the Motor Accidents Claims Tribunal,
                (Additional District Court), Sivagangai.
                                        For Appellant    : Mr.S.Royce Immanuel
                                        For R1, R3 to R5 : Mr.V.Kannan
                                        For R6           : Mr.S.Pugalendhi


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https://www.mhc.tn.gov.in/judis
                                                                                        C.M.A.(MD)No.486 of 2023


                                                           JUDGMENT

Challenging the award passed by the Tribunal, the Insurance Company

has come out with the present appeal.

2.The Tribunal has awarded the compensation as follows:

                        S.No.           Description                          Amount
                        1.              Loss of Dependency                   Rs.7,07,784/-
                        2.              Loss of Estate                       Rs.   16,500/-
                        3.              Loss of Parental Consortium          Rs. 2,20,000/-
                                        (5x44,000)
                        4.              Funeral Expenses                     Rs.   16,500/-
                                                                       Total Rs.9,60,784/-

3.The brief facts, leading to the filing of this Civil Miscellaneous

Appeal, are as follows:-

The deceased was travelling in his bicycle to go for usual work at petrol

bunk on 11.12.2016 at about 06.00 p.m and he was proceeding from east to west

direction at the extreme left side of Madurai to Sivagangai main road and at that

time, the rider of the first respondent's vehicle bearing registration No.TN 63-H

8944 came in a opposite direction in a rash and negligent manner and dashed

against the deceased vehicle. As a result, the deceased sustained injuries and he

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.486 of 2023

was immediately taken to the Hospital and for further treatment, he was treated as

inpatient in Rajaji Government Hospital, Madurai from 12.12.2016 to 18.12.2016

and died on 18.12.2016. The deceased was working as a night watchman in a

petrol bunk and earning a sum of Rs.10,000/- per month. The petitioners are the

legal heirs of the deceased.

4.The stand of the second respondent is that the deceased was very old

and he could not control his bicycle. Despite the fact that the rider of the

motorcycle had halted it the extreme left side of the road, the deceased without

stopping his bicycle and lost his control and fell down on the road and collide with

the other two wheeler. Further, the rider of the two wheeler of the first respondent

did not possess valid driving license.

5.On the side of the petitioners, P.W.1 and P.W.2 were examined and

Ex.P.1 to Ex.P.6 were marked. On the side of the second respondent, R.W.1 was

examined and Ex.X.1 was marked and Thiru.Domnic Saviyo Director of the

United Indian Insurance Company was examined as R.W.2 and Ex.R.1 was

marked.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.486 of 2023

6.The trial Court, after considering the evidence of P.W.1 and P.W.2,

came to the conclusion that the accident was caused only by the negligence of the

rider of the first respondent vehicle. This aspect was not disputed.

7.The only point was urged before this Court that since the rider of the

two wheeler did not possess valid driving license at the time of accident, the

Insurance Company cannot be fastened with the liability, since there is a violation

in the policy condition. As the quantum has not in dispute, the only point is with

regard to the liability is questioned.

8.On perusal of the entire materials much reliance is placed on the

evidence of R.W.1 would show that the rider of the motorcycle did not possess

valid driving license. Now, the only point raised for consideration before this

Court is whether the Tribunal is right in fixing the liability on the Insurance

Company?.

9.On perusal of the evidence of R.W.1, the Junior Assistant, gave

evidence that no search result found in the computer for the license stands in the

petitioner's name. Therefore, there is no valid license. It is relevant to note that

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.486 of 2023

merely on the basis of search result found in the computer, it cannot be concluded

that there is no valid license at all. Possibility for getting driving license from

other area cannot be ruled out. No notice whatsoever was issued to the first

respondent. Further, the rider of the vehicle was not impleaded as a party to the

proceedings and no steps have been taken by the Insurance Company by issuing

notice to the rider of the vehicle or called upon him to produce the license. Only

when such steps have been taken. In the event of no license was produced, it

cannot be concluded that the person who, rode the motorcycle, did not have a

valid license. Without taking any steps, merely on the basis of search result of the

Junior Assistant, it can not be concluded that there is no valid license.

10.In the absence of any proof to show there is no license held by the

rider of the two wheeler, it cannot be presumed merely on the basis of search result

found in the computer in the RTO office of R.W.1 that there is no valid license.

11.In view of the above, I do not find any merits in the appal. Hence, this

Civil Miscellaneous Appeal is dismissed and the compensation awarded by the

Tribunal is confirmed.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.486 of 2023

12.The appellant/United India Insurance Company Ltd., is directed to

deposit the entire compensation amount awarded by the Tribunal with accrued

interest and costs to the credit of M.C.O.P.No.218 of 2017 before the Tribunal,

within a period of six weeks from the date of receipt of a copy of this judgment,

less the amount if any already deposited. On such deposit, the claimants are

entitled to withdraw the amount, less the amount any already withdrawn, as

apportioned by the Tribunal, by making necessary application before the Tribunal.

No costs. Consequently, connected miscellaneous petition is closed.

02.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Ns To

1.The Motor Accidents Claims Tribunal/ Additional District Court, Sivagangai.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.486 of 2023

N.SATHISH KUMAR, J.

NS

C.M.A.(MD)No.486 of 2023 and C.M.P(MD)No.6183 of 2023

02.06.2023

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