Madras High Court
The Branch Manager vs Kodakkaran on 21 November, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
C.M.A No.1295 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM
MR.JUSTICE N.SESHASAYEE
C.M.A.No.1295 of 2022
and C.M.P.Nos.9408 and 20637 of 2022
The Branch Manager,
M/s.National Insurance
Company Limited,
Door No.88-F, Bye-Pass Road,
Dharmapuri Town
Dharmapuri Taluk and District. ... Appellant
Vs.
1.Kodakkaran
2.Veerammal
3.Veerappan
4.Dhanalakshmi
5.Sathiya
6.K.Nagaraj ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Acct, 1988, seeking to set aside the decree and judgment dated
07.01.2022 passed in MCOP.No.538 of 2019, by the Motor Accidents
Claims Tribunal, (Special District Court), Dharmapuri.
For Appellant : Mr.J.Michael Visuvasam
For Respondents : Mr.D.Rameshkumar for R1 to R5
No Appearance - R6
https://www.mhc.tn.gov.in/judis
1/6
C.M.A No.1295 of 2022
JUDGMENT
On 11.02.2019 at around 04.00 p.m, a pillion rider of a motorcycle
bearing Registration No.TN 29 BJ 4534 died allegedly when a stray dog
jumped on the line of motion of the vehicle. The vehicle belonged to and
was driven at the relevant time by the first respondent in the claim
petition, now the sixth respondent in this appeal. When the rider of the
motorcycle suddenly applied the breaks, the pillion rider fell onto the road
and died.
2.Seeking compensation, the other heirs of the victim preferred
M.C.O.P.No.538 of 2019 before the MACT (Special District Court),
Dharmapuri for compensation. The Tribunal has determined the
compensation at Rs.8,09,150/- and fastened the liability on the owner and
the insurer jointly and severally.
3.Contending that the insurance company is not liable to meet the liability
created under the award, it has now preferred the present appeal.
https://www.mhc.tn.gov.in/judis
4.Mr.Michael Visuvasam, the learned counsel for the appellant argued as
below:
(a) Soon after the accident, the rider of the motorcycle, who is
the son of the victim himself took his mother to the hospital.
In the accident register, the doctors have recorded a statement
that the victim had fallen on her own and there is no mention
about any stray dogs forcing an accident;
(b) the accident was described by the owner cum rider of the
two wheeler involved, and it is his self-serving version that
alone is not on record and corroborated by any independent
witness. Inasmuch as the claim petition is made under
Section 166 of the Motor Vehicles Act, 1988 (hereinafter
referred to as 'the Act'), negligence have to be proven by the
claimants, and this cannot be decided on the self-serving
version of P.W.2.
5.Mr.D.Rameshkumar, the learned counsel for the respondents 1 to 5,
submitted that even if negligence is not proved, the Court can still try this
application under Section 163 A of the Act.
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6.Inasmuch as 163 A of the Act is now replaced by Section 164 of the
Act, the claimants would be entitled to Rs.5,00,000/- (Rupees Five Lakhs
only) for this fatal accident. This amount has to be allowed.
7.Accordingly, this appeal is partly allowed and the compensation
amount is fixed at Rs.5,00,000/-. The appellant herein is stated to have
deposited 50% of the award sum, and it is now directed to pay the
differential sum, if any required to be paid, with interest at 7.5% interest
within a period of six weeks from the date of receipt of a copy of this
Judgment. As and when the amount is deposited, the amount standing to
the credit of the case can be withdrawn by the claimants. No Costs.
Consequently, the connected miscellaneous petitions are closed.
8.Since the rider of the motorcycle, the sixth respondent herein did not
shown to be possessing a valid driving license, the appellant is entitled to
pay and recover the same.
21.11.2023
Anu
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
https://www.mhc.tn.gov.in/judis
To
The Motor Accidents Claims Tribunal,
(Special District Court), Dharmapuri.
https://www.mhc.tn.gov.in/judis
N.SESHASAYEE, J.
Anu
and C.M.P.Nos.9408 and 20637 of 2022
21.11.2023
https://www.mhc.tn.gov.in/judis
