Madras High Court
The Branch Manager vs Kalaiarasi on 27 March, 2025
C.M.A.(MD)No.525 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.525 of 2023
and
C.M.P.(MD)No.6699 of 2023
The Branch Manager,
TATA AIG General Insurance
Company Limited,
B.No.16, Premier Aveion,
First Floor, New Railway Station Road,
Kumbakonam,
Thanjavur District-621 001. ... Appellant / 2nd Respondent
Vs.
1.Kalaiarasi
2.Durgadevi
3.Dhanapriya
4.Jeyasurya
5.Murugayi ... Respondents 1 to 5 / Petitioners
6.Sunitha ... 6th Respondent / 1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and Decree passed in
M.C.O.P.No.440 of 2021 dated 21.12.2022 on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Pudukkottai.
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C.M.A.(MD)No.525 of 2023
For Appellant : Mr.J.S.Murali
For R-1 to R-5 : Mr.R.Alagia Nambi
For R-6 : No appearance
JUDGMENT
Challenging the order passed by the Motor Accidents Claims
Tribunal, Principal District Court, Pudukkottai, in M.C.O.P.No.440 of
2021 dated 21.12.2022, the Insurance Company has filed this Civil
Miscellaneous Appeal.
2.For the sake of convenience, the parties herein are referred to as
per their ranking before the learned Tribunal.
3.The petitioners / claimants are the legal heirs of the deceased.
The first respondent is the owner of the four wheeler involved and the
second respondent is the Insurance Company. On 16.08.2021, the
deceased one Thiru.Vellakkannu was riding his TVS XL Super Two -
Wheeler bearing registration No. TN-55-BT-3135 with one pillion rider
Selvi, W/o.Chellaiah, towards IIuppur to Annavasal main road, east
side of Kaladipatti near one Chellaiah's house. While he was proceeding
towards Vadhiripatti from west to east on the left corner of the road at
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about 3:50 p.m, the 1st respondent's Ashok Leyland Dost four wheeler
bearing registration No.TN 55 BT 7472 driven by its driver in front of
the deceased's two wheeler had hit the deceased. As a result of which,
the deceased was thrown away from his two wheeler and he sustained
grievous injuries in his head and was taken to Annavasal Government
Hospital in a 108 ambulance, from where he was further referred to
Pudukottai Government Medical College Hospital for higher treatment.
However, the said Vellakannu died on 17.08.2021. A First Information
Report was registered as against the driver of the four wheeler in Crime
No. 67 of 2021 by the Annavasal police. Seeking to compensate the
death of the said Vellakkannu, his legal heirs have filed the M.C.O.P.
4.The learned Trial Court proceeded to examine two witnesses on
the side of the petitioners and marked Exhibit P1 to P8 and one witness
on the side of the respondents and marked Exhibit R1 to R6. On the
basis of the arguments, evidence deposed and documents marked, the
learned Trial Court passed an award of Rs.21,73,880/-. Challenging the
same, the Insurance Company is before this Court.
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5.The learned counsel for the appellant Insurance Company
Mr.J.S.Murali submitted that, the appeal has been laid on the grounds
of liability and quantum. Though a First Information Report was
registered as against the driver of the four wheeler at the first instance,
however, after proper investigation when the final report was filed by
the Annavasal Police before the jurisdictional Magistrate, it was
mentioned as “action dropped” as agaist the driver of the four wheeler
and the mistake was fastened on the deceased person. Categorically
contending that the tortfeasor cannot seek compensation for his own
mistake, as per the dictum of the Hon'ble Apex Court in Ningamma
case, he pressed for allowing the appeal.
6.Per contra, the learned counsel for the claimants submitted that
the arguments substantiated by the learned counsel for the appellant is
unfounded and a charge sheet cannot be laid as against a dead person
and the final report has been marked as Exhibit R1.
7.A careful perusal of the same would reveal that the report of the
investigating officer is that, the deceased had himself dashed against
the four wheeler which was just parked on the left side, as a result of
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which he had sustained head injuries and passed away. However, the
same has not been duly proved by the appellant by any evidence most
particularly the eyewitness to subtantiate the same. However, the pillion
rider, namely, Selvi was examined as PW-2 and she had deposed her
evidence categorically stating that the accident had occurred due to the
negligence on the part of the 1st respondent's driver.
8.However, a careful perusal of Ex.R-2, a Motor Vehicle Inspection
Report in respect of the vehicle bearing registration No. TN-55-BT-3135
which is marked as Ex R-3 would reveal that there was no damage in
the said four wheeler. If the deceased had dashed against the said four
wheeler, obviously there would have been some kind of damage to the
four wheeler, in the absence of the same, the argument of the learned
counsel for the appellant cannot be sustained. Accordingly, the appeal
fails and the same is dismissed. Considering the fact that the claimants
are the daughters of the deceased, I am of the considered view that the
compensation awarded by the learned Tribunal is fair and reasonable.
9.The appellant Insurance Company is directed to deposit the
compensation amount as awarded by the learned Tribunal with accrued
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interest and costs to the credit of M.C.O.P.No.440 of 2021, on the file of
the Motor Accidents Claims Tribunal, Principal District Court,
Pudukkottai, within a period of four weeks (4) from the date of receipt of
copy of this judgment, less the amount, if any already deposited. On
such deposit, the claimants / respondents are entitled to get their
shares as per the apportionment fixed by the Tribunal, less the amount,
if any already withdrawn, by making necessary application before the
Tribunal. No costs. Consequently connected miscellaneous petition is
closed.
27.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
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To
The Motor Accidents Claims Tribunal,
Principal District Court,
Pudukkottai.
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.,
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27.03.2025
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