The Manager v. P.Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI 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

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/2 nd respondent insurance company preferred this Civil Miscellaneous Appeal.

2.The case of the 1 st 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. 2/6

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 2 nd 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 1 st 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 2 nd 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 3/6

fixed upon the appellant insurance company as such is illegal and liable to be set aside.

6. The learned counsel for 1 st respondent admits that at the time of alleged accident, the rider of two wheeler was a minor. 7.Notice issued. The 2 nd 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, 4/6

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 2 nd 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 rpp To

1. Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.

2. Section Officer, VR Section, Madras High Court. 5/6

T.V.THAMILSELVI J.

rpp 19-06-2025 (1/2) 6/6