Madras High Court
The National Insurance Company - ... vs Rajamma on 13 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2441 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2441 of 2023 and
C.M.P.No.22911 of 2023
The National Insurance Company - Limited,
Divisional Office,
Murugappa Complex,
K.K.Road,
Villupuram - 605 602. ... Appellant
vs.
1. Rajamma
2. Kalpana
3. Kuppusamy ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award, dated 09.03.2023 in
M.C.O.P.185/2018 on the file of the Motor Accident Claims Tribunal,
Special District Court, Villupuram.
For Appellant : Mr.S.Senthilkumar
For R1 and R2 : Mr.Kaviveerappan
JUDGMENT
Questioning the quantum of compensation awarded by the
Motor Accident Claims Tribunal, Villupuram in M.C.O.P.185/2018, the
https://www.mhc.tn.gov.in/judis
present appeal is filed by the appellant, the National Insurance Company
Limited, Villupuram.
2. The claimants / respondents 1 and 2 filed a claim petition
under Section 166 (1) of Motor Vehicles Act, in M.C.O.P.185/2018 before
the the Motor Accident Claims Tribunal, Special District Court,
Villupuram, seeking compensation of Rs.50,00,000/- for the death of one
Ilayaraja (son of the first claimant and brother of the second claimant) in a
road accident which happened on 10.12.2017.
3. The brief case of the claimant is as follows :
On 10.12.2017, Ilayaraja (deceased) was riding his two sheeler
bearing Registration number PY 05 W 4686 on Villupuram - Pondicherry
road. When he was nearing Kandamangalam M.N.Kuppam, another two
wheeler bearing Registration number PY 01 CC 4862 belonging to the
third respondent, hit the two wheeler driven by Ilayaraja, resulting in his
instantaneous death.
https://www.mhc.tn.gov.in/judis
4. According to the claimants, the rash and negligent driving of
the driver of the two wheeler bearing Registration number PY 01 CC 4862
was the cause of the accident and that since the owner of the two wheeler
had insured his vehicle with the appellant, the National 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 two wheeler bearing
Registration number PY 01 CC 4862 remained absent and was set ex
parte. The appellant, Insurance Corporation 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 deceased and the driver of the two wheeler
bearing Registration number PY 01 CC 4862 in the ratio 50:50 and
directed the appellant, Insurance Company to pay compensation of
Rs.8,42,900/- to the claimants together with interest at the rate of 7.5% per
annum from the date of petition till the date of realisation, vide its orders
https://www.mhc.tn.gov.in/judis
dated 09.03.2023. The Tribunal also held that the liability of the owner of
the two wheeler and the insurer is joint and several.
7. Questioning their liability to pay compensation, the present
appeal is filed by the appellant / the National Insurance Company
Limited.
8. Heard Mr.S.Senthilkumar, learned counsel for the appellant /
Insurance Company and Mr.Kaviveerappan, learned counsel for the
respondents 1 and 2 / claimants.
9. Mr.S.Senthilkumar, learned counsel for the appellant /
Insurance Company contended that though FIR was registered against the
rider of the two wheeler bearing Registration number PY 05 W 4686
(deceased) and the police after conducting investigation had laid a final
report against him. The Tribunal had wrongly fastened negligence on the
part of the rider of the two wheeler bearing Registration number PY 01
CC 4862 to the extent of 50%. He therefore prayed for setting aside the
same.
10. Per contra, Mr.Kaviveerappan, learned counsel appearing
for the claimants contended that the Tribunal after analysing the evidence
https://www.mhc.tn.gov.in/judis
on record, had come to the conclusion that both the vehicles were at fault
and therefore there is no need for this Court to interfere with the same.
11. The manner of accident as is seen from the evidence
adduced on both sides clearly shows that the drivers of both the two
wheelers were at fault. The Tribunal also by its well reasoned orders had,
concluded that the accident took place due to rash and negligent driving of
the drivers of both the vehicles. In the circumstances, merely because, the
FIR and final report were against the deceased, it cannot be said that the
entire negligence is on the part of the rider of the two wheeler who died in
the accident.
12. In the result,
The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
13.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
https://www.mhc.tn.gov.in/judis
1.The Motor Accident Claims Tribunal,
Special District Court,
Villupuram.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
C.M.A.No.2441 of 2023 and
13.09.2024
https://www.mhc.tn.gov.in/judis
