Madras High Court
The Manager vs C.Bharathidasan on 20 September, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.1343 of 2023
and C.M.P.No.13495 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.1343 of 2023
and
C.M.P.No.13495 of 2023
The Manager,
M/s. Iffco-Tokio General Insurance Company Limited,
'Srinivasa Arcade',
First Floor,
No.9/4, Advaithya Ashram Road,
Salem – 636 004. ...Appellant
.Vs.
1. C.Bharathidasan
2. Tmt. Kanimozhi ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 14.11.2022 in
M.C.O.P.143 of 2020 on the file of the Motor Accidents Claims Tribunal,
Special Court No.II, Jayangondam.
For Appellant : Mr.J.Michael Visuvasam
For R1 : Mr.N.Rajavannien
For R2 : No appearance
1/9
https://www.mhc.tn.gov.in/judis
C.M.A.No.1343 of 2023
and C.M.P.No.13495 of 2023
JUDGMENT
The appellant, the Iffco-Tokio General Insurance Company
Limited is the second respondent in M.C.O.P.143 of 2020 on the file of the
Motor Accident Claims Tribunal, Jayangondam. The first respondent filed
the above said claim petition under Section 166 of the Motor Vehicles Act
seeking compensation of Rs.30,00,000/- for the injuries sustained by him in
a road accident that took place on 07.04.2018.
2. The brief case of the claimant is as follows :
On 07.04.2018, the claimant was riding his two wheeler bearing
Registration No. TN-61-J-9301 on T.Palur - Suthamalli Road. When he was
nearing Saravana Mahal, a TVS XL 100 two wheeler bearing Registration
Number TN-61-P-0322 which was going ahead of him suddenly turned
right hand side and on seeing a speeding vehicle coming in the opposite
direction took a left turn, as a result of which, the claimant hit the two
wheeler bearing Registration Number TN-61-P-0322 and sustained injuries
all over his body.
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3. According to the claimant, the rash and negligent riding of the
rider of the two wheeler bearing Registration Number TN-61-P-0322
belonging to the second respondent was the cause of the accident and that
since the said vehicle was insured with the present appellant, the Iffco-
Tokio General Insurance Company Limited, both of them are jointly and
severally liable to pay compensation to him.
4. In the Tribunal, the owner of the two wheeler and the
Insurance Company Limited contested the claim petition by filing their
counter.
5. The Tribunal vide its orders dated 14.11.2022 after analysing
the evidence on record, fastened negligence on the part of the two wheeler
bearing Registration Number TN-61-P-0322 and since the rider of the two
wheeler did not have a driving licence, the Tribunal directed the appellant
Insurance Company to pay the compensation of Rs.3,32,025/- to the
claimant together with interest at the rate of 7.5% per annum from the date
of petition till the date of realisation in the first instance, and then recover
10% of the said amount from the owner of the vehicle.
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6. Challenging the orders passed by the Tribunal, the present
appeal is filed by the appellant, the Iffco-Tokio General Insurance Company
Limited.
7. Heard Mr.J.Michael Visuvasam, learned counsel for the
appellant and Mr.N.Rajavannien, learned counsel for the first respondent.
8. Mr.J.Michael Visuvasam, learned counsel appearing for the
appellant would contend that since the rider of the two wheeler was not
having a valid driving license on the date of accident, the Tribunal should
have directed the Insurance Company to pay the award in the first instance
and then recover the same from the owner of the two wheeler. On the other
hand, the Tribunal had directed the Insurance Company to recover only 10%
of the award amount from the owner of the two wheeler bearing
Registration Number TN-61-P-0322. He also contended that the police after
conducting investigation had filed a referred charge sheet against the rider
of the two wheeler and in the circumstances, the Tribunal was wrong in
fastening negligence on the part of the rider of the two wheeler TN-61-P-
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0322.
9. Per contra, Mr.N.Rajavannien, learned counsel appearing for
the first respondent contended that the Tribunal after analysing the evidence
on record, had rightly concluded that the rider of the two wheeler bearing
Registration Number TN-61-P-0322 was rash and negligent in riding her
vehicle. He therefore, prayed for dismissal of the appeal.
10. It is seen from the final report (Ex.R1) that the Sub Inspector
of Police, T.Palur Police Station filed a referred charge sheet against the
rider of the two wheeler bearing Registration Number TN-61-P-0322. The
manner of accident shows that both the vehicles were rash and negligent on
the road. The present claimant was coming behind the two wheeler bearing
Registration Number TN-61-P-0322 and his contention is that the rider of
the said two wheeler that was going ahead of him suddenly turned left hand
side on seeing a speeding vehicle coming in the opposite direction. The
police after conducting investigation had filed a Referred charge sheet
stating that the rider of the two wheeler bearing Registration Number TN-
61-P-0322 was not rash and negligent in riding the vehicle. The report of the
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police cannot be wholly relied upon for the purpose of fixing negligence. As
already observed, both the vehicles were at fault and the manner of accident
also shows that the rider of the two wheeler bearing Registration Number
TN-61-P-0322 was driving rashly unmindful of vehicular traffic. In the
circumstances, this Court fixes contributory negligence on the part of the
claimant to the extent of 20%.
11. The appellant has not questioned the quantum of
compensation awarded by the Tribunal. A perusal of the compensation
shows that the Tribunal had awarded just compensation taking into various
aspects of the case. In the circumstances, the quantum of compensation
awarded by the Tribunal is upheld. The only change is that 20% should be
deducted towards contributory negligence on the part of the claimant. It is
not in dispute that the rider of the two wheeler bearing Registration Number
TN-61-P-0322 was not having a valid driving licence on the date of
accident. In the circumstances, the appellant, the Iffco-Tokio General
Insurance Company Limited is directed to pay the award amount in the first
instance and then recover the same from the owner of the two wheeler
bearing Registration Number TN-61-P-0322 on the same cause of action.
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12. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
ii. The appellant, the Iffco-Tokio General Insurance Company Limited
is directed to deposit the award amount of Rs.2,65,620/-(80% of the
compensation amount of Rs.3,32,025/-) (less the amount already
deposited) 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.143 of 2020 on the file of the
Motor Accidents Claims Tribunal, Special Court No.II,
Jayangondam, in the first instance and then recover the same from the
second respondent on the same cause of action. (Pay and Recover)
iii. On such deposit being made the claimant / first respondent is
permitted to withdraw the same with accrued interest and costs, after
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following due process of law.
20.09.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
To
1. The Motor Accidents Claims Tribunal,
Special Court No.II, Jayangondam.
2. The Section Officer, VR Section, Madras High Court, Chennai.
R. HEMALATHA, J.
mtl
https://www.mhc.tn.gov.in/judis
20.09.2024
https://www.mhc.tn.gov.in/judis
