National Insurance Company ... vs Peratchi
2023 Latest Caselaw 14044 Mad

                                                                             C.M.A.(MD)No.939 of 2014


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 19.10.2023

                                                    CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                          C.M.A.(MD)No.939 of 2014


                    National Insurance Company Limited,
                    Dr.Nanjappa Road,
                    Coimbatore.                                              ... Appellant


                                                       Vs.


                    1.Peratchi

                    2.M/s.Cape Electric Corporation,
                      134, Amman Kulam Cross,
                      Avinasi Road,
                      Coimbatore.                                            ... Respondents


                    PRAYER: Civil Miscellaneous Appeal filed under section 173 of Motor
                    Vehicles Act, against the judgment and decree dated 14.03.2012 made in
                    M.C.O.P.No.336 of 2009 on the file of the Motor Accident Claims
                    Tribunal/Principal Sub-Court, Tenkasi.

                                      For Appellant       : Mr.A.Ilango

                                      For R-1            : Mr.R.J.Karthick

                                      For R-2             : No appearance


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https://www.mhc.tn.gov.in/judis
                                                                            C.M.A.(MD)No.939 of 2014




                                                    JUDGMENT

This Civil Miscellaneous Appeal filed against the judgment and

decree dated 14.03.2012 made in M.C.O.P.No.336 of 2009 on the file of

the Motor Accident Claims Tribunal/Principal Sub-Court, Tenkasi.

2. Heard the learned Counsel appearing for the appellant and the

learned Counsel appearing for the first respondent and perused the

materials available on record. No representation for the second respondent.

3. The appellant is the Insurance Company.

The accident happened between two two-wheelers. The vehicle involved in

the accident was driven by the first respondent and the same belongs to the

second respondent. The first respondent is the employee of the second

respondent. At the time of driving, the wheel of the two-wheeler got

punchered, as a result of which, it hit against another two-wheeler and the

first respondent got injured.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.939 of 2014

4. The learned Counsel appearing for the appellant submitted that

despite the fact that negligence was on the part of the first respondent, the

first respondent filed an application before the Tribunal under Section 166

of the Motor Vehicles Act, 1989. The learned Tribunal has passed an award

amount of Rs.60,480/- (Rupees Sixty Thousand Four Hundred and Eighty

only), without any basis invoking Section 3 of the Workmen Compensation

Act, 1923. The learned Counsel appearing for the appellant further

submitted that Section 3 of the Workmen Compensation Act, 1923 is not

applicable and on that basis the learned Tribunal ought to have dismissed

the petition and pressed for allowing the appeal.

5. Per contra, the learned Counsel appearing for the first respondent

submitted that the award passed by the learned Tribunal is need not be

interfered and pressed for dismissing the appeal.

6. In view of the rival submissions from both sides, this Court is of

the considered opinion that in a case of Motor Accidents Claims filed

under Section 166 of the Motor Vehicles Act, 1989, a relief cannot be

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.939 of 2014

granted invoking the provisions of Workmen's Compensation Act, 1923.

Hence, it is necessary to set aside the award passed by the learned

Tribunal, Tenkasi, in M.C.O.P.No.336 of 2009 dated 14.03.2012. The first

respondent is at liberty to file an application seeking remedy under the

Workmen Compensation Act, 1923 before the appropriate forum.

7. With these observations and directions, this Civil Miscellaneous

Appeal is allowed. There shall be no order as to costs.

19.10.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

To

The Motor Accident Claims Tribunal /Principal Sub-Court, Tenkasi.

Copy to

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

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.939 of 2014

L.VICTORIA GOWRI, J.,

Sml

C.M.A.(MD)No.939 of 2014

19.10.2023

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