Madras High Court
Kannemma vs Subedar Ramkishor on 3 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2033 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2033 of 2024
1. Kannemma
2. Mani ... Appellants
vs.
1. Subedar Ramkishor
2. The Manager,
Universal Sampo General Insurance Company Limited,
Motor Thirty Party Claims,
No.102, New No.44, Old No.39, Halls Road,
Egmore, Chennai - 600 008. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 08.06.2023 in
M.C.O.P. 26 of 2021 on the file of the Motor Accident Claims Tribunal,
Special District Court No.1, Thiruvallur.
For Appellants : Mr.K.Varadha Kamaraj
For R2 : Ms.R.Sreevidhya
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.2033 of 2024
JUDGMENT
The appellants are the claimants in M.C.O.P. 26 of 2021 on the
file of the Motor Accident Claims Tribunal, Thiruvallur. They filed the
claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking
compensation of Rs.80,00,000/- for the death of their son Parthasarathi in
a road accident that occurred on 18.09.2020.
2. The brief case of the appellants / claimants is as follows :
On 18.09.2020, Parthasarathi (since deceased) was riding a
motorcycle bearing Registration Number AP-03-BD-3506 on Puttur –
Chennai Main Road and at about 11.10 a.m., a speeding lorry bearing
Registration Number NL-01-1651 belonging to the first respondent came
in the opposite direction and hit the two wheeler driven by Parthasarathi
(deceased) resulting in his instantaneous death.
3. According to the claimants, the rash and negligent driving of
the driver of the lorry bearing Registration Number NL-01-1651 was the
cause of the accident and that since the said vehicle was insured with the
second respondent, the Universal Sampo General Insurance Company
Limited, the owner and the insurer are jointly and severally liable to pay
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compensation to them.
4. In the Tribunal the owner of the lorry remained absent and
was set ex parte. The second respondent resisted the claim petition on all
the grounds available to the insurer under Section 170 of the Motor
Vehicles Act.
5. The Tribunal, vide its orders dated 08.06.2023, fastened
negligence on the part of the driver of the lorry bearing Registration
Number NL-01-1651 and the deceased in the ratio 50:50 and directed the
respondents 1 and 2 to pay compensation of 14,83,000/- (50% of the total
compensation of Rs.29,66,000/-) to the appellants (claimants), jointly and
severally, together with interest at the rate of 7.5% per annum from the
date of the petition till the date of realisation.
6. Aggrieved over the contributory negligence fastened on the
part of the deceased by the Tribunal, the claimants have filed the present
appeal under Section 173 of the Motor Vehicles Act, 1988.
https://www.mhc.tn.gov.in/judis
7. Heard Mr.K.Varadha Kamaraj, learned counsel appearing for
the appellants and Ms.R.Sreevidhya, learned counsel appearing for the
second respondent.
8. Mr.K.Varadha Kamaraj, learned counsel appearing for the
appellants contended that the Tribunal merely based on the Google Map
had come to the conclusion that the deceased also contributed to the
accident to the extent of 50% and therefore, the same has to be set aside.
9. Per contra Ms.R.Sreevidhya, learned counsel appearing for
the second respondent contended that the Motor Vehicle Inspector's
Report (Ex.P3) and the FIR (Ex.P1) show that the deceased also
contributed to the accident.
10. A perusal of the records shows that the Tribunal had taken
pain to search the Google Map to find out the accident spot and observed
thus :
"..........
On verification of the Google Maps by searching M.Agaram
Village, Nindra Village and Pichattur Village it could be seen that
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the road from M.Agaram Village joins the Puttur - Chennai Road
and Nindra Village lies in between the same and Pichattur
Village is situated on the other side of the Puttur - Chennai Road
after the cross road junction towards Chennai. As such deceased
who was proceeding from M.Agaram Village to Pichattur Village
must have to cross the Puttur - Chennai Road and proceeds
towards Chennai direction."
However, in the FIR (Ex.P1) and in the charge sheet (Ex.P6) it is clearly
mentioned that the driver of the lorry was responsible for the accident.
Ramesh (P.W.2) is the eyewitness to the occurrence. He had deposed that
the driver of the lorry was rash and negligent in driving his vehicle. In the
circumstances, the Tribunal, merely based on the Google Map, had come
to a conclusion that the deceased also contributed to the accident to the
extent of 50%. Such an observation made by the Tribunal cannot be
sustained and therefore, the same is set aside.
11. As far as quantum of compensation is concerned, there is no
dispute and the Tribunal has also awarded just compensation. Therefore,
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the award passed by the Tribunal is upheld.
12. In the result,
i. The Civil Miscellaneous Appeal is allowed. No costs.
ii. The Award amount passed by the Tribunal is upheld.
iii. The orders passed by Tribunal fixing contributory negligence on
the part of the deceased is set aside.
iv. The first respondent and the second respondent, the Universal
Sampo General Insurance Company Limited are directed to deposit
the compensation amount i.e., Rs.29,66,000/- (less the amount
already deposited) jointly and severally, together with interest at the
rate of 7.5% per annum from the date of claim petition till the date
of deposit within a period of four weeks from the date of receipt of
a copy of this order / uploading of this order to the credit of
M.C.O.P. 26 of 2021 on the file of the Motor Accident Claims
Tribunal, Special District Court No.1, Thiruvallur.
v. On such deposit being made, the appellants / claimants are at liberty
to withdraw the same as per the orders passed by the Tribunal after
following due process of law. The ratio of apportionment made by
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the Tribunal shall be kept intact.
vi. The appellants / claimants are not entitled to claim interest for the
period of delay of 197 days in filing this appeal.
03.10.2024
Index : Yes/No
Speaking/Non-speaking order
mtl
To
1.The Motor Accidents Claims Tribunal,
https://www.mhc.tn.gov.in/judis
Special District Court No.1, Thiruvallur.
2. The Manager,
Universal Sampo General Insurance Company Limited,
Motor Thirty Party Claims,
No.102, New No.44, Old No.39, Halls Road,
Egmore, Chennai - 600 008.
3.The Section Officer, VR Section, Madras High Court, Chennai.
R.HEMALATHA, J.
mtl
https://www.mhc.tn.gov.in/judis
03.10.2024
https://www.mhc.tn.gov.in/judis
