Madras High Court
United India Insurance Co. vs Minor Meenakshi Sundaram on 26 June, 2023
C.M.A.No.4680 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.4680 of 2019
and C.M.P.No.26490 of 2019
United India Insurance Co., Ltd.,
Branch Office,
No.11-A, MG.Road, Ambur,
Vellore District. .. Appellant
Versus
1.Minor Meenakshi Sundaram
Rep. by Father and Guardian Veeramani
2.G.Mathaiyan
3.V.Palani … Respondents
Prayer : Civil Miscellaneous Appeal filed under section 173 of Motor
Vehicle Act against the judgment and decree dated 06.09.2010 made in
MACT O.P.No. 222 of 2008 on the file of the Motor Accident Claims
Tribunal, Chief Judicial Magistrate, Dharmapuri.
For Appellant : M/s.I.Malar
For Respondents
For R1 : No such person
For R2 & R3 : No appearance
1/8
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C.M.A.No.4680 of 2019
JUDGMENT
This Civil Miscellaneous Appeal arises against the award passed by
the Motor Accident Claims Tribunal, Chief Judicial Magistrate,
Dharmapuri, in M.C.O.P.No. 222 of 2008 dated 06.09.2010.
2. The Insurance Company is the appellant herein filed the above
appeal to set aside the judgment passed by the Tribunal in
MACT.O.P.No.222 of 2008 on the ground of liability.
3. Brief facts of the case:-
On 30.05.2006 at about 7.30 a.m., when a Tractor bearing
Regn.No.TN-33-W-8798 driven by its driver, in a rash and negligent
manner, suddenly applied brake, the petitioner who was seating in the
tractor fell down and the wheel of the tractor ran over the left hand and
abdomen. Hence the accident occurred, due to which, the petitioner
sustained fracture on left hand, and abdomen and left and right fore legs.
Immediately, she was taken to Government Head Quarters Hospital,
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C.M.A.No.4680 of 2019
Dharmapuri and admitted as in-patient for treatment. Hence the claim
petition.
4. Before the Tribunal, on behalf of the claimant, P.W.1 and P.W.2
were examined and Ex.P1 to Ex.P10 were marked and on the side of the
Respondents no one was examined and no document was marked.
5. On consideration of both oral and documentary evidence, the
Tribunal come to the conclusion that the alleged accident occurred due to
the negligent driving of the driver of the offending vehicle and fixed the
liability initially on the 2nd respondent and after amendment vide order dated
25.05.2011 in I.A.No.24 of 2011, the liability was fixed on the 3rd
respondent / Insurance company and awarded compensation as follows;-
Sl.Nos. Head Compensation
1. Extra nourishment Rs.5,000/-
2. Medical expenses Rs.5,000/-
3. Pain and suffering Rs.25,000/-
4. Permanent disability Rs.90,000/-
5. Future prospects Rs.25,000/-
Total Rs.1,50,000/-
The said sum was directed to be deposited by the 3 rd respondent /
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C.M.A.No.4680 of 2019
appellant herein with interest at the rate of 7.5 % per annum from the date of
numbering of the petitioner till the deposit of compensation. Aggrieved by
the same, the present appeal.
6. The learned counsel for the appellant / Insurance Company
submitted that the Tribunal erred in awarding compensation to the claimant
in the absence of any documentary evidence to show that the appellant is
liable to pay the compensation for the accident occurred due to the negligent
driving of the driver of the tractor. The Tribunal ought to have considered
that the driver of the offending vehicle was carried some children in the
offending vehicle to cope up with the balance of the tractor, which is
violated the policy condition. The Tribunal ought to have considered that
the driver of the offending vehicle called upon the claimant to board the
tractor for the balance of weight and the vehicle so ploughing the field, the
driver of the offending vehicle drove the vehicle in a rash and negligent
manner and suddenly applied brake, the claimant was seating in the
offending vehicle, fell down and wheel of the offending vehicle ran over,
the driver of the offending vehicle was himself cause the accident, the
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C.M.A.No.4680 of 2019
appellant is not liable to pay compensation to the claimant. The Tribunal
ought to have considered that the oral and documentary evidence adduced
by the claimant, the accident was occurred due to the negligent act of the
driver of the offending vehicle, it is a clear violation of policy condition.
Hence, the appeal may be allowed.
7. Heard the learned counsel appearing for the appellant and no
representation for the respondents and perused the available materials on
records.
8. On the point of quantum, since there is no dispute with regard to
the compensation awarded by the Tribunal, the compensation awarded by
the Tribunal under various heads are hereby confirmed.
9. On the point of liability, it is seen that the trial Court had not
discussed about the liability issues in its order and mechanically fixed the
liability on the 2nd respondent and after amendment vide order dated
25.05.2011 in I.A.No.24 of 2011, fixed the liability on the 3 rd respondent
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C.M.A.No.4680 of 2019
Insurance Corporation / appellant herein. Based on the Ex.P1 and Ex.P5, the
vehicle involved in the alleged accident is a tractor and no passenger will be
allowed to travel in the tractor. Therefore, it is a clear violation of policy
condition and hence, this Court is inclined to fix the liability on the 2nd
respondent herein / owner of the vehicle and the appellant insurance
company is hereby exonerated and accordingly, not liable to pay the
compensation.
10. The 2nd respondent herein / owner of the vehicle is directed to
deposit the entire award amount to the claimant, less the amount already
paid, if any together with interest at 7.5% per annum from the date of
petition till date of deposit and costs to the credit of M.C.O.P.No.222 of
2008 on the file of the Motor Vehicle Accident Claims Tribunal, Chief
Judicial Magistrate, Dharmapuri, within a period of six(6) weeks from the
date of receipt of a copy of this order.
11. On such deposit, the claim petitioner / 1st respondent is permitted
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C.M.A.No.4680 of 2019
to withdraw the modified award amount, on due application.
12. Accordingly, this Civil Miscellaneous Appeal is partly allowed.
No costs. Consequently, connected miscellaneous petition is closed.
26.06.2023
Index:yes/no
Internet:yes/no
ata
To
The Motor Accident Claims Tribunal,
Chief Judicial Magistrate,
Dharmapuri.
A.A.NAKKIRAN.J.,
https://www.mhc.tn.gov.in/judis
C.M.A.No.4680 of 2019
ata
C.M.A.No.4680 of 2019
26.06.2023
https://www.mhc.tn.gov.in/judis
