The Divisional Manager vs Geetha
2024 Latest Caselaw 15454 Mad

Madras High Court

The Divisional Manager vs Geetha on 8 August, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                 CMA.No.2147 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 08.08.2024

                                                          CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                C.M.A.No.2147 of 2024 and
                                                 C.M.P.No.16587 of 2024

                     The Divisional Manager,
                     United India Insurance Company Limited,
                     D.No.1171, Muthaiya complex,
                     Mettur Road, Erode - 638 011.                              ... Appellant
                                                      vs.
                     1. Geetha
                     2. Nanthini
                     3. Vinothkumar
                     4. Madhammal
                     5. R.Elango                                                ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the decree and judgment, dated
                     05.01.2024 in M.C.O.P.No.977 of 2019 on the file of the Exclusive Motor
                     Accidents claims Tribunal, Dharmapuri.

                                    For Appellant     :    Mrs.R.Rathna Thara

                                                   JUDGMENT

The present appeal is filed by the United India Insurance

Company Limited as against the orders passed by the Motor Accidents

Claims Tribunal, Dharmapuri in M.C.O.P.No.977 of 2019 on 05.01.2024.

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

2. The brief case of the claimants is as follows:

On 15.06.2019, Mathialagan (deceased) was riding his

motorcycle bearing Registration number TN-29-BJ-2895 on Krishnagiri-

Salem National Highways and when he was nearing Mattukaranur cross

road, at about 2.30 p.m., a speeding Car bearing Registration number

TN38-AV-3600 belonging to the 5th respondent, hit the motorcycle, as a

result of which, Mathialagan fell down and sustained injuries. He was

immediately rushed to hospital but died on the way.

3. Heard Mrs.R.Rathna Thara, learned counsel for the appellant.

4. The main contention of the learned counsel for the appellant /

Insurance Company is that Mathialagan (deceased), was rash and

negligent in driving his vehicle and invited the accident.

5. A perusal of the records shows that the claimants filed a

petition under Section 166 of the Motor Vehicles Act, in M.C.O.P.No.977

of 2019 before the Motor Accidents claims Tribunal, Dharmapuri and in

order to prove the negligence on the part of the driver of the car bearing

Registration number TN 38-AV-3600, the claimants filed a copy of the

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

FIR (Ex.P1) and also examined one Mathiyazhagan (P.W.2) who is an

eyewitness to the occurrence. FIR (Ex.P1) was registered against the

driver of the car bearing Registration number TN38-AV-3600 for the

offences punishable under Sections 279 and 304-A I.P.C. The accident

took place on Krishnagiri - Salem National highways and P.W.2 in his

evidence has deposed that the driver of the Car was rash and negligent in

driving the vehicle. The trial Court after taking into consideration the

evidence of P.W.2 and the manner of accident, had rightly concluded that

the driver of the car was rash and negligent in driving his vehicle.

6. In the circumstances, I do not see any reason to interfere with

the orders passed by the Tribunal fastening negligence on the part of the

driver of the car. Therefore, the Civil Miscellaneous Appeal is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

08.08.2024 Index : Yes/No Speaking/Non-speaking order Neutral citation : Yes / No vum R.HEMALATHA, J.

vum

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

To

1.The Motor Accident Claims Tribunal, Dharmapuri

2. The Divisional Manager, United India Insurance Company Limited, D.No.1171, Muthaiya complex, Mettur Road, Erode - 638 011.

3. The Section Officer, VR Section, Madras High Court, Chennai.

C.M.A.No.2147 of 2024 and

08.08.2024

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