The Oriental Insurance Company Limited v. Sivanantham
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI C.M.A. No.1003 of 2023 and C.M.P. No. 9451 of 2023 The Oriental Insurance Company Limited rep. by its Branch Manager, HUB, Sathuvacheri Post, Vellore District.
...Appellant(s) Vs 1.Sivanantham 2.Sasikumar
...Respondent(s)
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and Decree dated 14.02.2023 passed in M.C.O.P.No.109 of 2021 on the file of the learned Special Sub Judge, Motor Accident Claims Tribunal, Tirupattur.
For Appellant(s):
Ms.G.Sukumari For Respondent(s):
Mr.S.Sidhartha Vishnu for R1 R2 - Notice Dispensed With
ORDER
The above Civil Miscellaneous Appeal arises against the Award and Decree dated 14.02.2023 passed in M.C.O.P.No.109 of 2021 on the file of the learned Special Sub Judge, Motor Accident Claims Tribunal, Tirupattur. 2.It is the case of the claimants that the 1 st respondent herein filed a claim petition before the Tribunal seeking compensation of Rs.25,00,000/- for the injuries sustained in a road accident on 25.01.2021. According to the respondents, the accident occurred when the motorcycle bearing Reg. No.TN83-R-2189, insured with the appellant, rashly and negligently collided with the motorcycle ridden by the 1 st respondent bearing Reg.No.TN-29-AX-5782. The st respondent contended all the relevant medical bills, FIR, and treatment records, asserting that the accident occurred solely due to the rash and negligent riding of the 2 nd respondent's vehicle. The Claims Tribunal, after evaluating the pleadings and evidence, awarded compensation of Rs.4,48,471/- to the claimant.
3.The learned counsel for the appellant / Insurance Company contended that the accident occurred due to the own negligence of the 1 st respondent and not the 2 nd respondent. The 1 st respondent did not have a valid driving license at
the time of accident. Further, he contended that the Motorcycle bearing Reg.No.TN-83-R-2189 did not have a valid insurance policy on the date of accident. Hence, the Tribunal erred in granting Rs.4,48,471/- as compensation to the claimant. He further submitted that the 1 st respondent failed to prove the monthly income and exaggerated medical expenses and disability. 4.The learned counsel for the 1 st respondent argued that FIR and witness statements establish the rash and negligent riding by TN-83-R-2189 and the 1 st respondent was not negligent and followed the traffic rules. He submitted that the injured was admitted in the hospital after the accident and therefore, he is not able to give a complaint.
Therefore, the negligence was proved upon the rider of the 2 nd respondent and thereby, the Insurance Company/appellant was liable to pay compensation. Further, the medical evidence confirms injuries, disability, and the associated expenses. The compensation awarded to the claimant is fair and justified based on statutory principles under Act. Hence, he prayed for dismissal of the appeal.
5.Upon careful perusal of the records, it is seen that on the date of the accident, two two wheelers have been involved. The First Information Report
and eye witness consistently indicate rash and negligent driving by the vehicle bearing Reg.No.TN-83-R-2189. There is no credible evidence of contributory negligence by the 1 st respondent. The Tribunal correctly considered the insurance coverage of the vehicle bearing Reg.No.TN-83-R-2189. Further, no evidence proves that the 1 st respondent lacked a valid driving license. The Tribunal carefully considered the records and awarded compensation for permanent disability at 10% and imposed liability on the insurer of the negligent vehicle. Therefore, the Tribunal has rightly probablised that the injured was admitted in the hospital and he was not able to narrate the entire facts. Hence, the liability is fixed on the appellant as well as the 2 nd respondent herein is justified, which needs no interference. Moreover, the two wheeler of the rider belongs to the 2 nd respondent. Therefore, the alleged manner of the accident disputed by the appellant, as such, is not sustainable. Therefore, the findings of the Tribunal is confirmed.
6.Accordingly, this Civil Miscellaneous Appeal is dismissed. The appellant/Insurance Company is directed to deposit the entire compensation amount of Rs.4,48,471/- with interest @7.5% per annum, less the amount
already deposited, with proportionate accrued interest and costs, to the credit of M.C.O.P.No.109 of 2021 on the file of the learned Special Sub Judge, Motor Accident Claims Tribunal, Tirupattur, within a period of eight weeks from the date of receipt of a copy of this Judgment, if not deposited earlier. The claimant is not entitled to get interest for the default period. On such deposit, the claimant is permitted to withdraw the entire award amount with proportionate accrued interest and costs, by making necessary applications. The claimant is directed to pay the Court fee for the compensation amount, if required. The Tribunal below shall not disburse the amount till such time as proof of payment of Court Fee has been produced by the claimant. No costs. Consequently, connected Miscellaneous Petition is closed. 25-06-2025 mps Index:Yes/No Speaking/Non-speaking order Internet:Yes
T.V.THAMILSELVI J.
mps To 1.The Special Sub Judge, Motor Accident Claims Tribunal, Tirupattur.
2.The Section Officer, VR Section, Madras High Court.
AND CMP NO. 9451 OF 2023 25-06-2025