Madras High Court
Tr.J.Singaravel vs G.Thamilarasan on 25 November, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
C.M.A.No.1523 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 12.11.2025
Pronounced on : 25.11.2025
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR
C.M.A.No.1523 of 2023
and
C.M.P.No.15512 of 2023
TR.J.Singaravel ... Appellant / Petitioner
Vs
1.G.Thamilarasan
2.R.Aishwarya
3.The National Insurance Co. Ltd.,
Divisional Office,
No.18, Court Street,
Kumaran Road Near,
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C.M.A.No.1523 of 2023
Tiruppur – 1.
4.Kovai Medical Centre and Hospital Limited,
Post Box No.3209,
Coimbatore – 641 014.
5.The Commissioner of Police,
Coimbatore. ... Respondents / Respondents
R4 is suo motu impleaded vide Court order
dated 23.02.2024 made in CMA No.1523 of
2023 by RSMJ & NSJ.
R5 is impleaded vide Court order dated
10.11.2023 made in CMA No.1523 of 2023
by RSMJ & NSJ.
This Appeal is filed under Section 173 of the Motor Vehicles Act,
1973, praying to set aside the judgment and decree made in
M.C.O.P.No.1537 of 2015 dated 30.03.2023 on the file of the Exclusive
Motor Accident Claims Tribunal, Tiruppur and award the compensation of
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C.M.A.No.1523 of 2023
Rs.45,00,000/- by allowing this appeal.
For Appellant : Mr.G.Ramesh
For Respondent : Mr.D.Bhaskaran for R3
No Appearance for R1,R2,R4
For R5 : Mr.Babu Muthu Meeran, APP
JUDGMENT
Appeal filed by the claimant aggrieved by the dismissal of the claim
petition filed before the Motor Accident Claims Tribunal at Tiruppur in
M.C.O.P.No.1537 of 2015 dated 30.03.2023.
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2.The petition filed seeking compensation of Rs.45,00,000/- for the
alleged injury sustained by the claimant in the road accident. According to
the claimant while he was riding his motor cycle bearing Registration
No.TN-37-CX-2593 near Chellappampalayam Pirivu, Coimbatore to
Avinashi Road, due to rash and negligent driving of the private bus bearing
Registration No.TN-36-R-9797, which directly hit the petitioner causing
grievous injury on spine and vertebrae, right brachial plexus, head and
suffered fracture of right scapula and clavicle. Claiming that he was working
as a Machine Operator earning Rs.30,000/- per month and due to injury, he
is not able to continue his avocation, the claim petition filed against the
owner and driver of the private bus and its insurer.
3.The claim petition opposed by the Insurance Company stating that
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the entire averment in the claim petition is false. The First Information
Report filed 52 days after the alleged accident is outcome of imagination and
false accusation. The Insurance Company not liable to pay any
compensation, since the injury alleged to have sustained by claimant is not
due to any act on the part of the vehicle driver insured under the third
respondent. The Court below framed the following points for determination:
“1.Whether the accident occurred only due to the rash or
negligent driving by the 1st respondent?
2.Whether the petitioner sustained severe injuries in the
accident?
3.Whether the respondents are liable to pay compensation
to the petitioner? If so, to what quantum?
4.To what other reliefs?”
4.Claimant was examined as PW-1. He marked Exs.P1 to P14.
Disability Certificate issued by the Medical Board marked as Ex.C1.
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5.The trial Court after considering the oral and documentary evidence
found that the alleged date of accident being 18.05.2015, whereas the First
Information Report (Ex.P1) in this case, registered only on 09.07.2015
nearly after two months of the accident. The reason for delay not properly
explained. The discharge summary of the hospital, in which the petitioner
first got admitted, does not disclose about any motor accident. Only in the
third discharge summary, the details of accident is found and this document
is an after thought, prepared for the purpose of claiming insurance.
6.The allegation in the claim petition that the 1st respondent driver was
negligent and that he caused accident not proved by preponderance of
probability. Ex.P8 which is the discharge summary indicates that it was an
alleged history of road accident self fall from two wheeler. Contra evidence
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created after three months found to be unreliable. Hence, the claim petition
dismissed by the learned Tribunal.
7.Being aggrieved, the appeal filed by the claimant stating that the
Tribunal failed to properly appreciate Exs.P6 and P7 which would show that
the injury sustained by the claimant was due to the accident occurred when
his two wheeler hit by the private bus directly. The trial Court ought not to
have dismissed the claim for want of proof relating to the negligence of the
bus driver on the ground of belated First Information Report. It has failed to
take note of the fact that the claimant after injury fall unconscious and he
was not able to lodge complaint due to his confinement in the hospital.
8.Per contra, the learned counsel appearing for the Insurance
Company submitted that, if really it was a motor accident case, the hospital
which treated the appellant would have informed the police immediately and
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the First Information Report would have been registered immediately. Since
it was a self fall as found in the Ex.P8, same was not reported to the police.
After two and half months of the accident, on advice, the complaint lodged
by the complainant against the private bus insured under the 3rd respondent.
Since the averment in the complaint not supported with document, the
Tribunal has rightly dismissed the claim petition.
9.It was contended by the learned counsel for the appellant that
pursuant to the direction of this Court, the private hospital which treated the
claimant was asked to send the extract of the discharge summary. The said
discharge summary send by the Hospital it is mentioned that the accident
occurred due to collusion between a two wheeler and a bus. Hence, taking
note of this and entries in the other two accidents, the claim petition should
be entertained.
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10.Heard the learned counsels appearing for the claimant as appellant
and for the Insurance Company as 3rd respondent.
11.Mr.J.Singaravel, the appellant, in his claim petition had stated that
on 18.05.2015 at about 4.00 P.M., he met with an accident when a private
bus hit him. In the said accident, he sustained injury and was taken to Kovai
Medical Center and Hospital Limited, Coimbatore. The First Information
Report is dated 09.07.2015, the claimant is the informant about the accident
alleged to have occurred on 18.05.2015 at 16.00 Hours. In the complaint, it
is stated that he is working as Machine Operator in LMW – Unit - II. While
he was proceeding to the work for his night shift in his two wheeler bearing
Registration No.TN-37-CX-2593, the private transport bus bearing
Registration No.TN-36-R-9797 driven by one Thamilarasan rash and
negligently, in order to overtake a lorry, hit his two wheeler causing injury.
He informed his friend Sivakumar who came and took him to the hospital.
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Only on 19.05.2015 he gained his conscious and thereafter, lodged the
complaint. He further stated that he got discharged on 29.05.2015, but he did
not give the complaint immediately since his health got deteriorated. The
final report by the police on the complaint against Thamilarasan for the
offence under Sections 279 and 338 IPC confirms the content of the First
Information Report. However, the discharge summary issued by Kovai
Medical Center and Hospital Limited dated 29.05.2015 does not disclose
about the involvement of a bus in the road accident.
12.The case of the appellant is that, he was taken to the hospital by his
friend Sivakumar, but he had not chosen to examine the said Sivakumar. The
said Sivakumar is the best witness to speak about the accident. The second
discharge summary by Kovai Medical Center and Hospital Limited is for the
period between 22.06.2015 and 29.06.2015. In the discharge summary, the
reason for admission is stated as complaint in moving the right upper limb,
the history of road traffic accident fell down from bike on 18.05.2015. No
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indication to show that he was unconscious all along and came to know
about the accident only on 09.07.2015 when he gave the complaint to the
police.
13.After lodging the complaint, the claimant had again got admitted in
the Ganga Medical Centre Hospital on 20.08.2015. He was discharged on
26.08.2015. The discharge summary was marked as Ex.P10. In this third
discharge summary, it is recorded that there was head on collusion of a bus
and the bike of the claimant.
14.The entries in the discharge summaries for the period subsequent to
lodging the First Information Report and non-examination of the said
Sivakumar who claim to have taken the claimant to the hospital clearly show
that the claimant had not sustained injury in the manner in which he has
pleaded in the claim petition.
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15.When negligence and involvement of the private bus insured under
the 3rd respondent Insurance Company is not established through plausible
evidence, merely on the strength of Accident Report obtained belatedly and
on the First Information Report given belatedly contrary to the entries found
in the contemporaneous document duly maintained by the hospital authority,
we hold that the dismissal of the claim petition by the Tribunal is absolutely
in accordance with law and evidence. Hence, the appeal stands dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
(G.J.J) (M.S.K.J)
25.11.2025
smv
Index: Yes/No
Speaking order: Yes/No
Neutral Citation: Yes/No
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To
The Motor Accident Claims Tribunal, Tiruppur.
DR. G.JAYACHANDRAN, J.
and
MUMMINENI SUDHEER KUMAR, J.
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smv
Pre-delivery Judgment in
and
25.11.2025
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