Madras High Court
M/S.United India Insurance Company ... vs K.S.Prakash on 18 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
C.M.A.Nos.3420 & 3423 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.Nos.3420 & 3423 of 2021
and
C.M.P.Nos.19741 & 19757 of 2021
M/s.United India Insurance Company Limited,
Branch Office III. 137-D,
Cherry Road, Salem -1. ... Appellant in
C.M.A.No.3420 of 2021
M/s.United India Insurance Company Limited,
Divisional Office II.,
104-A, Peramanur Main road,
Salem -636 007. ... Appellant in
C.M.A.No.3423 of 2021
vs.
1. K.S.Prakash
2. K.P.Sumathi
3. T.V.Senthilkumar ... Respondents
C.M.A.No.3420 of 2021
1. N.S.Sounther
2. T.V.Senthilkumar ... Respondents
C.M.A.No.3423 of 2021
COMMON PRAYER: Civil Miscellaneous Appeal filed under Section
173 of the Motor Vehicles Act, 1988, against the Award, dated 22.12.2017
in M.C.O.P.195/2012 and M.C.O.P.543/2012 on the file of the Motor
Accident Claims Tribunal, Special District Court, Salem.
In both C.M.As
For Appellant : Mrs.I.Malar
For Respondents : No appearance
COMMON JUDGMENT
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.3420 & 3423 of 2021
Questioning the negligence fastened on the part of the driver of
the bus bearing Registration number TN 30 AA 4699 by the Tribunal in
M.C.O.P.195/2012 and M.C.O.P.543/2012, the present appeals are filed
by the appellant, the United India Insurance Company Limited, Salem.
2. The respondents/claimants in both these appeals filed claim
petitions in M.C.O.P.195/2012 and M.C.O.P.543/2012, under Section 166
of the Motor Vehicles Act, before the Motor Accident Claims Tribunal,
Special District Court, Salem seeking compensation of Rs.25,00,000/- for
the death of one Dinesh (son of the claimants) and Rs.10,00,000/- for the
injuries sustained by one Sounther in a road accident that occurred on
07.01.2012.
3. The brief case of the claimants is as follows :
On 07.01.2012, Dinesh (deceased) was riding a two wheeler
bearing Registration number TN 24 F 3314 with one Sounther as pillion
rider on Salem Junction road and at about 10.00 p.m., a speeding private
bus bearing Registration number TN 30 AA 4699 hit the two wheeler, as a
result of which, Dinesh died on spot. The pillion rider Sounther sustained
injuries all over his body and was immediately rushed to Hospital.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.3420 & 3423 of 2021
4. According to the claimants, the rash and negligent driving of
the driver of the bus bearing Registration number TN 30 AA 4699 was the
cause of the accident and that since the owner of the bus had insured his
vehicle with the appellant, the United India Insurance Company Limited,
the owner and the insurer are jointly and severally liable to pay
compensation to them.
5. In the Tribunal, the owner of the bus remained absent and
was set ex parte. The appellant, Insurance Company resisted the claim
petition on all the grounds available to the insurer under Section 170 of the
Motor Vehicles Act.
6. The Tribunal after analysing the evidence on record, fastened
negligence on the part of the rider of the bus bearing Registration Number
TN 30 AA 4699 and directed the appellant Insurance Company to pay
compensation of Rs.7,10,400/- to the claimants in M.C.O.P.195/2012 and
a sum of Rs.3,77,325/- to the claimant in M.C.O.P.543/2012, together
with interest at the rate of 7.5% per annum from the date of the petition till
the date of realisation, vide its orders dated 22.12.2017. The Tribunal also
held that the liability of the owner of the bus and the insurer is joint and
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.3420 & 3423 of 2021
several.
7. Questioning negligence fastened on the part of the driver of
the bus, the present appeal is filed by the appellant / the United India
Insurance Company Limited under Section 173 of the Motor Vehicles Act.
8. Heard Mrs.I.Malar, learned counsel for the appellant,
Insurance Company.
9. Though notice was served on the respondents and their names
are also printed in the cause list, there is no representation on their behalf.
10. Mrs.I.Malar, learned counsel for the appellant / Insurance
Company contended that Dinesh (deceased) was a minor and was not
having a valid driving licence on the date of accident. Therefore, the
Tribunal was wrong in fastening negligence on the part of the driver of the
bus bearing Registration number TN 30 AA 4699. She therefore prayed
for setting aside the order of the Tribunal.
11. In the instant case, the pillion rider Sounther was examined
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.3420 & 3423 of 2021
as P.W.2 and his evidence is clear as to the rash and negligent driving of
the driver of the bus. Nothing useful was suggested to him during the
course of cross examination to discredit or disbelieve his version. There is
nothing on record to show that Dinesh also contributed to the accident.
Merely because he was a minor on the date of accident, the entire
negligence cannot be fastened on his part. In the circumstances, I do not
see any reason to interfere with the orders passed by the Tribunal.
Accordingly, the Civil Miscellaneous Appeals are dismissed.
Consequently, connected miscellaneous petitions are closed. No costs.
18.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
1.The Motor Accident Claims Tribunal,
Special District Court,
Salem.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.3420 & 3423 of 2021
C.M.A.Nos.3420 & 3423 of 2021
and
C.M.P.Nos.19741 & 19757 of 2021
18.10.2024
https://www.mhc.tn.gov.in/judis
