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Madras High CourtCMA/2471/2008disposed of

Suresh v. A,Mohammed Arifa

2020-09-04Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.2471 of 2008 and M.P.No.1 of 2008 (Through Video Conferencing) Suresh ... Appellant / Claimant Vs.

1.A.Mohammed Arifa 2.The National Insurance Co. Ltd., Jerome Building, Fort Station Road, Tiruchirapalli - 600 001.

... Respondents / Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the Judgment and Decree dated 19.03.2008 made in M.C.O.P.No.40 of 2006, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Perambalur.

For Appellant : Ms.C.Sangamithirai For Respondents For R1 : Not ready For R2 : Mr.D.Baskaran

JUDGMENT

The claimant is the appellant in this appeal. The present appeal has been filed to set aside Judgment and Decree dated 19.03.2008 passed by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Perambalur in M.C.O.P.No.40 of 2006.

2. By the impugned Judgment and Decree, the Tribunal disallowed the claim petition filed by the appellant, on the ground that the documents marked by the appellant indicates that the offending vehicle involved in the accident was registered as TN-45-B-5811 whereas the insured vehicle was registered as TN46-B-5811.

3. The appellant submits that the mistake in the FIR was carried in other documents. The appellant has now produced Form A.I.R, which is given by the Motor Inspector as per which the

correct registration number of the motor vehicle is TN-46-B-5811 which is registered with the 2nd respondent Insurance Company.

4. It is submitted that the said document (Form A.I.R) is dated 10.01.2005 and is a contemporaneous document with Ex.P1First Information Report (FIR) dated 09.01.2005 in respect of the same accident of 08.01.2005.

5. On the other hand, the learned counsel for the 2nd respondent Insurance Company submitted that the documents filed by the appellant indicates that the offending vehicle bore Registration No.TN-45-B-5811. It is further submitted that the FIR was lodged by the appellant himself, wherein, he has given the registration number for the offending vehicle as TN-45-B5811.

6. It is therefore submitted that even a letter was issued by the Police Department to the Motor Vehicle Inspector, which letter would also indicates that the offending vehicle number was TN-45-B-5811. It is therefore submitted that the Tribunal has correctly rejected the claim petition filed by the appellant.

7. Though elaborate submissions were made by the learned counsel for the 2nd respondent Insurance Company to dismiss the present appeal, I am of the view to meet ends of justice, a fair chance should be given to the appellant establish the case against the respondents in the light of the overwhelming evidence produced now the form of Motor Inspector's Report dated 10.01.2005 in Form A.I.R which was not marked. This document is a contemporaneous document with Ex.P1-FIR dated 09.01.2005 in respect of the accident which is said to have taken place on 08.01.2005. Motor Inspector's Report dated 10.01.2005 in Form A.I.R which has been filed in the typed set shows that the said vehicle was inspected on 10.01.2005 at about 3.40 p.m., in respect vehicle bearing registration No.TN-46-B-5811.

It is a Share Auto with a seating capacity of 5+1 person. As per the said report the accident took place on 08.01.2005 at about 9.00 a.m., in Perambalur. Thus, there are credible evidence which was not produced before the Tribunal, which if examined by the Tribunal may establish the case of the appellant/claimant. Therefore, I am of the view, a fair chance should be given to the appellant/claimant in order to prove the case for the Tribunal.

8. Considering the facts and circumstances of the case, I am of the view, the case can be remitted back to the Tribunal, to consider the Motor Inspector's Report dated 10.01.2005 in Form A.I.R photo copy of which has been enclosed along with the additional typed set of documents filed by the appellant on 15.07.2008 before this Court.

9. Under these circumstances, the impugned Judgment and Decree is set aside and the case is remitted back to the Tribunal, to consider the case afresh in the light of the above document. The appellant is directed to mark the aforesaid document before the Tribunal. The respondents are at liberty to challenge the genuineness or otherwise the relevancy of the above document.

10. The 2nd respondent/Insurance Company is also entitled to raise all defences that are available in law and in the remand proceedings. The Tribunal shall endeavour to decide the issue within a period of nine months from the date of receipt of a copy of this order.

11. This Civil Miscellaneous Appeal stands disposed of by way of remand. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar arb To:

The Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Perambalur.

C.M.A.No.2471 of 2008 and M.P.No.1 of 2008 CP(CO) SB(12/08/2021)