Madras High Court
The Manager vs P.Selvam on 19 June, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CMA No. 675 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CMA No. 675 of 2025
and
CMP No. 5390 of 2025
The Manager
United India Insurance Co Ltd, Motor
Third Party Claims Hub, 1st Floor,
Silingi Building, No. 134, Greams
Road, Chennai 006
Appellant(s)
Vs
1. P.Selvam
2.Logeswaran
Respondent(s)
PRAYER:-Civi Miscellaneous Appeal filed under Sec.173 of Motor Vehicles
Act, praying to allow the CMA by setting aside the Order dt. 23.08.2023 in
MCOP No.1373/2020 passed by the Learned II Judge, Motor Accident Claims
Tribunal, Small Causes Court, Chennai
For Appellant(s): Mr. Rajesh Ramamoorthy
For Respondent(s): Mr. U.Chithambaram For R1
R2 - No Appearance
1/6
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CMA No. 675 of 2025
JUDGEMENT
Challenging the impugned award passed by the Motor Accident Claims
Tribunal, II Judge, Small Causes Court, Chennai in MCOP No.1373 of 2020,
dated 23.08.2023, the appellant/2nd respondent insurance company preferred
this Civil Miscellaneous Appeal.
2.The case of the 1st respondent/petitioner is that on 15.01.2020 at about
04.30 hours. when the petitioner was riding his two wheeler bearing Regn. No.
TN-55 AB-4485 on Valanadu road from west to east andnear Kaluvankoil, the
respondent two wheeler bearing Regn. NO. TN-45-BT-7228 came from east to
west in a rash and negligent manner, dashed him and caused an accident. Due to
which, he sustained grievous injuries, for which he underwent treatment in the
hospital. Under these circumstances, the claim petition came to be filed before
the Tribunal seeking for payment of compensation.
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3. The Tribunal on considering the facts and circumstances of the case
and on appreciation of oral and documentary evidence, came to a conclusion
that the accident had taken place only due to the rash and negligent driving on
the part of the rider of the 2nd respondent. Having come to such a conclusion, the
Tribunal fixed the total compensation payable at Rs.17,86,408/- under various
heads and the said compensation was directed to be paid with interest at the rate
of 7.5% per annum.
4.The Insurance Company aggrieved by the quantum of compensation
fixed by the Tribunal has filed the present appeal before this Court.
5. The learned counsel for appellant argues that at the time of alleged
accident, a two wheeler belongs to 1st respondent, which was driven by a rider,
who was a minor at the time of accident happened in the year 2019. So, there is
a gross violation of rules as prescribed under Motor Vehicles Act. The 2nd
respondent herein is the owner of vehicle. Therefore, the tribunal ought to have
passed an award with pay and recovery. Instead of that, the entire liability was
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fixed upon the appellant insurance company as such is illegal and liable to be
set aside.
6. The learned counsel for 1st respondent admits that at the time of alleged
accident, the rider of two wheeler was a minor.
7.Notice issued. The 2nd respondent/owner of vehicle remained exparte.
At the time of argument, the learned counsel pointed out that Ex.R6 is the copy
of final report received from the Juvenile court, which shows that rider of two
wheeler was a minor. Therefore, the rider was made to appear before the
Juvenile court. However, on perusal of entire discussion made by the Tribunal,
there is no observation with regard to Ex.R6, which is the final report of
Juvenile Court. Therefore, the rider of a two wheeler at the time of accident is a
minor. So, the tribunal ought to have considered the same and would have
enforced pay and recovery, instead of that, entire liability fixed upon the
appellant insurance company as such is illegal and liable to be set aside. Hence,
the award passed by the tribunal in MCOP No. 1373 of 2020 is confirmed. But,
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in respect fixing liability, the appellant insurance company is directed to pay the
award amount as arrived by the Tribunal within a period of eight weeks from
the date of receipt of copy of this judgment and they are permitted to recover
the same from the 2nd respondent/owner of vehicle. Accordingly, this Civil
Miscellaneous Appeal is disposed of. No costs. Consequently, the connected
Civil Miscellaneous Petition is closed.
19-06-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
rpp
To
1. Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.
2. Section Officer, VR Section, Madras High Court.
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T.V.THAMILSELVI J.
rpp
19-06-2025 (1/2)
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