Madras High Court
Ramesh … vs Baskaran on 9 April, 2025
C.M.A.(MD).No.224 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2025
CORAM:
THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI
C.M.A.(MD).No.224 of 2023
Ramesh … Appellant / Claimant
vs.
1.Baskaran
2.The Branch Manager,
Iffco-Tokio General Insurance Company Limited,
No.82, Preetham Plaza,
Ground Floor and 1st Floor,
Chandragandhi Nagar, Ponmeni,
Madurai-625 016. … Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Award dated 06.12.2022 in M.C.O.P.No.
941 of 2017 passed by the Motor Accident Claims Tribunal / Special Sub-
Court dealing with MCOP Cases, Tirunelveli.
For Appellant : Mr.S.Yogeswaran
for M/s.T.Lenin Kumar
For R1 : No Appearance
For R2 : Mr. V.Sakthivel
JUDGMENT
The claimant herein has preferred this Civil Miscellaneous Appeal
against the order of dismissal dated 06.12.2022 passed in M.C.O.P.No.
941 of 2017 by the Special Court dealing with MCOP cases, Tirunelveli.
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2. Despite the receipt of notice, neither the 1st respondent appeared
nor entered appearance through his counsel.
3. Claim petition was filed under Section 166 of Motor Vehicles Act,
1988, claiming compensation of Rs.10,00,000/- for the injuries said to have
been suffered by him in a road traffic accident that is said to have occurred
on 04.09.2017.
4. Heard the arguments of the learned counsel for the appellant and
the learned counsel for the 2nd respondent/Insurance Company.
5. The learned counsel for the appellant/claimant would strenuously
argue that the delay of four days in lodging complaint would not vitiate the
entire case and it is incorrect to state that the appellant deliberately
suppressed the real fact.
6. Contending contra, the learned counsel for the Insurance
Company would vehemently contend that the 1st respondent’s Auto driver
had no driving licence at the time of accident. Therefore, the 1st
respondent by permitting a person who had no driving licence to drive the
vehicle and thereby violated the policy conditions. Occurrence of the
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accident is not admitted and the claimant is to put strict proof of the details
of accident.
7. It is the evidence of PW1 that on 04.09.2017 at about 3.00 p.m.,
while he was travelling in an Auto bearing Reg.No.TN-59-AT-6901 along
Karumathur-Vikramangalam main road near Ponnankankovil from south to
north, the driver of the Auto drove his vehicle in a rash and negligent
manner dashed against the compound wall and as a result, auto turned
topsy turvy and he sustained injuries all over the body. It is relevant to
extract the cross-examination of PW1:
‘’... tpgj;J rkaj;jpy; ehd; gazk; bra;jjhf brhy;Yk;
Ml;nlh 1k; vjph;kDjhuh; gh!;fud; vd;gtUf;F brhe;jkhdJ
vd;why; rhpjhd;/ mij Xl;oath; jhkiuf;fz;zd; vd;gth;
vd;why; rhpjhd; tpgj;J ele;jt[ld; crpyk;gl;o muR
kUj;Jtkidapy; rpfpr;irf;fhf nru;e;njd; vd;why; rhpjhd;/
m';F vd;Dld; kUj;Jtkidf;F vd; mg;ght[k;. mk;kht[k; jhd;
te;jhu;fs;/ crpyk;gl;o muR kUj;Jtkidapy; vdf;F vt;thW
fhak; gl;lJ vd;gij tprhhpj;J Fwpj;J vGjpfb; fhz;lhh;fs;/
clnd brf;fhDhuzp fhty;epiyaj;jpw;F jfty;
brhy;yptpll; hh;fs; vd;why; rhpjhd;/ brf;fhDhuzp
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fhty;epiyaj;jpypUe;J fhtyu; te;J kUj;Jtkidapy; itj;J
vd;id tprhupj;J ehd; brhy;yr;brhy;y vGjp thf;FK:yk; jahu;
bra;jhu;fs;/’’
8. On a careful perusal of Ex.P1 copy of F.I.R., it was registered only
on 08.09.2017. The entire medical records as well as the accident register
of Government Hospital, Madurai is marked as Ex.P4. From the perusal of
the investigation note recorded by the Medical Officer, it appears that the
claimant had gone to the Government Hospital, Madurai on 04.09.2017 at
about 6.15 p.m. Whereas, it has been mentioned that while he was riding
in a two wheeler as a pillion hit against the wall near Karumathur, Madurai.
The cross-examination of PW1 explicates that soon after the accident, he
was taken to Usilampatti Government Hospital, where his mother and
father also went to the said Hospital.
9. More particularly, it is the evidence of PW1 that he was enquired
by the Chekkanoorani Police, the complaint statement was recorded as
per Ex.P1. Ex.P1 is the copy of F.I.R. Ex.P1 reads to the effect that the
complaint statement of the claimant was recorded only on 08.09.2017 at 4
p.m. When PW1 categorically states that soon after the accident, at
Usilampatti Government Hospital itself, his complaint statement was
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recorded, but, in the F.I.R., it has been mentioned that the complaint was
received only on 08.09.2017. Non filing of Medical Records of Usilampatti
Government Hospital is fatal to the case of the claimant herein. The Doctor
has recorded that he was hit by a two wheeler while he was riding in a two
wheeler as pillion, it hit against the wall, the accident occurred. Whereas,
the F.I.R., reads that while he was travelling in an Auto, accident occurred.
The delay in registering the F.I.R., raises a strong presumption that in
order to hide real facts, it was registered belatedly. It is obligatory on the
part of a person who approaches the Court, he is expected to state the
true facts. More so, the judicial process should never become a means in
the process of the Court to subvert justice.
10. The aforestated details would strongly indicate the fact that
many facts have been hidden by the complainant in order to claim
compensation. For the above said reasons, the learned Tribunal has also
concluded that the accident details are not truly stated and chosen to
dismiss the claim petition. As he did not approach the Court with clean
hands, this Court is of the considered view that the Order of the Tribunal
does not suffer from any perversity or infirmity. This Court also does not
find any good reason to upset the findings of the learned Tribunal.
11. Based on the aforestated discussions and observations, this
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Civil Miscellaneous Appeal stands dismissed and the judgment passed by
the Special Sub-Court dealing with MCOP Cases, Tirunelveli, dated
06.12.2022 stands confirmed. There is no order as to costs.
09.04.2025
Index : Yes/No
Speaking / Non-speaking order
ssn
To:
1. The Motor Accident Claims Tribunal,
Special Sub-Court dealing with MCOP Cases,
Tirunelveli.
2. The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court Madurai.
Madurai.
R.KALAIMATHI, J.,
ssn
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09.04.2025
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