Madras High Court
The Branch Manager vs Munusamy on 7 March, 2023
C.M.A.No.1036 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.03.2023
Coram:
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No. 1036 of 2020
and
C.M.P.No. 6545 of 2020
The Branch Manager,
M/s. IFFCO-TOKIO General
Insurance Company Limited,
Branch office at
'GSN ARCADE', II floor,
Near Vimala Kalyana Mandapam,
Bye-Pass Road,
Hosur Town & Taluk,
Krishnagiri District,
Pincode- 635 109.
... Appellant
Vs.
1.Munusamy
2.Manjunath
... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988 praying to set aside the Decree and Judgment dated 17th
September, 2019, passed in M.C.O.P.No. 113 of 2017, by Motor Accidents Claims
Tribunal (Court of Special Sub. Judge), at Krishnagiri.
For Appellant : Mr.J.Michael Visuvasam
Page No.1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1036 of 2020
JUDGMENT
The Appeal has been filed to set aside the Decree and Judgment dated
17.09.2019 made in M.C.O.P. No.113 of 2017, on the file of the Motor Accident
Claims Tribunal, Special Sub Judge, Krishnagiri.
2. According to the claimant, the first respondent, in a rash and negligent
manner drove his two wheeler and dashed against the median, due to which the
claimant fell down and sustained grievous injuries. The claimant therefore filed
the claim petition seeking a sum of Rs.15 lakhs as compensation for the injuries
sustained by him in the motor accident.
3.The first respondent remained ex-parte before the Tribunal. The second
respondent filed counter denying all the averments in the claim petition. The
second respondent, denied his liability on the ground that the first respondent did
not possess valid license at the time of accident. The second respondent further
questioned the quantum of compensation claimed by the claimant.
4. Before the Tribunal P.W.1 was examined and Exs. P.1 to P.9 were
marked. The 2nd respondent/Insurance Company examined three witnesses and
Page No.2/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1036 of 2020
Exs. R.1 to R.6 were marked. Ex.C1 the disability certificate was marked as Court
document.
5. The Tribunal on assessment of the entire evidence on record, found that
the rider of the two wheeler was negligent. The Tribunal assessed the partial
permanent disability at 30% and accordingly awarded a sum of Rs.90,000/- under
the said head. The Tribunal totally awarded Rs.2,33,501/- to the claimant as
compensation. Aggrieved by the award of the Tribunal, the appellant/Insurance
Company has filed the present appeal questioning the negligence and quantum of
compensation.
6. According to the appellant/Insurance Company, in the wound
certificate/Ex.P.2, the nature of accident was described as 'skid and fall from two
wheeler' and therefore, the learned counsel for the appellant/Insurance Company
submitted that the accident did not occur due to the negligence of the rider of the
two wheeler. On the issue of quantum, the learned counsel for the
appellant/Insurance Company submitted that the assessment of disability and the
consequent Award of compensation under the various heads was exorbitant.
Page No.3/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1036 of 2020
7. Though notice was served on both the respondents, none appears before
this Court.
8. On the issue of negligence, the finding of the Tribunal is based on
evidence and merely because the wound certificate referred to the nature of
accident as skid and fall, an inference of no negligence on the part of the rider of
the two wheeler cannot be drawn.
9. The rider of the two wheeler drove the vehicle in a rash and negligent
manner and dashed against the median, due to which the claimant fell down from
the vehicle and sustained grievous injuries. Moreover, FIR was registered against
the rider of the two-wheeler. The claimant also produced documents to show that
he sustained the injuries in the accident which is borne out from from Ex.P.8 and
P.9. Hence, on basis of the above documents the Tribunal has rightly held that the
claimant suffered injuries due to the accident.
10.The claimant sustained Fracture of the Left Distal Radius and Fracture of
Left Clavicle. The Medical Board examined the claimant and issued Ex.C.1,
Page No.4/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1036 of 2020
disability certificate assessing the disability at 30%.
11. According to the claimant, he worked as Chef in a Hotel and was
earning a sum of Rs.20,000/- per month, the Tribunal in the absence of any
documentary evidence, assessed income at Rs.3,000/- per month and awarded
compensation of Rs.90,000/- towards 30% partial permanent disability.
12. On a perusal of the Award of the Tribunal, it is seen that the award of
the Tribunal towards various heads, is just, fair and reasonable and therefore the
same is not interfered with in this appeal.
13. In the light of the above discussion, I am of the view that there are no
merits in the appeal and the same is dismissed. It is seen that the Tribunal directed
the appellant/Insurance Company to pay first and later recover the amount from
the owner of the vehicle, as there was violation of policy in that, the rider of the
two wheeler in which the claimant was riding pillion, did not possess a valid
driving license at the time of the accident.
Page No.5/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1036 of 2020
14. I find no infirmity in the finding of the Tribunal and hence, the direction
for pay and recover is confirmed.
15. It is stated by the learned counsel for the appellant/Insurance Company
that the entire award amount has been deposited in pursuance of the order passed
by this Court in C.M.P.No.6545 of 2020 in C.M.A.No.1036 of 2020, dated
19.03.2020.
16.The claimant is at liberty to withdraw the amount by making proper
application before the claims Tribunal.
There shall be no order as to costs in the present appeal. Consequently
connected C.M.P. is closed.
07.03.2023
dsn
Speaking Order: Yes/No
Index: Yes/No
Neutral Citation: Yes/No
Page No.6/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1036 of 2020
To
1.The Special Sub Judge, (Motor Accident Claims Tribunal)
Krishnagiri.
2.The Section Officer,
V.R.Section,
High Court, Madras.
Page No.7/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1036 of 2020
N.MALA, J
dsn
C.M.A.No. 1036 of 2020
07.03.2023
Page No.8/8
https://www.mhc.tn.gov.in/judis
