United India Insurance Company Limited, v. Ramakrishnan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 21.12.2023 Pronounced on : 16.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.7526 of 2023 United India Insurance Company Limited, No.241 E, Trichy Main Road, Thuraiyur Taluk, Trichy - 621 010.

... Appellant/2nd Respondent Vs.

1.Ramakrishnan 2.The Secretary, Imayam Institute of Agriculture and Technology, Kannanur Post, Thuraiyur Taluk, Trichy - 621 206.

... 2nd Respondent/1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to set aside the judgment and decree dated 21.04.2022 made in M.C.O.P.No.8 of 2021 on the file of the Motor Accidents Claims Tribunal/Sub Judge, Thuraiyur.

For Appellant : Mr.I.Suthakaran For R1 : No Appearance For R2 : Mr.R.Manoharan 1/6

JUDGMENT

This Civil Miscellaneous Appeal is preferred against the Award dated 21.04.2022 passed in M.C.O.P.No.8 of 2021 by the Motor Accident Claims Tribunal/Subordinate Court, Thuraiyur.

2. The second respondent/Insurance Company in M.C.O.P.No.8 of 2021 is the appellant herein.

3. The first respondent is the petitioner/claimant filed the claim petition in M.C.O.P.No.8 of 2021.

4. For the sake of convenience, the parties arrayed in M.C.O.P.No. 8 of 2021 is adopted hereunder.

5. The brief facts of the case:

On 31.08.2020 at about 5.30 a.m. the petitioner was riding as pillion rider in a two wheeler Hero Deluxe bearing registration number TN 48 ATR 8546 ridden by the rider Ravikumar along Thuraiyur to Musiri road. At that time, the first respondent's Mahindra Bolero bearing registration number TN 04 AA 1238 was driven by its driver in a rash and negligent manner from opposite side and dashed against the two 2/6

wheeler. Due to impact the petitioner and the rider sustained multiple injuries. The petitioner sustained fracture in C6-C7 bone and was admitted as inpatient in Seenivasan Hospital, Thuraiyur and took treatment from 02.09.2020 to 09.09.2020 and a surgery was done on 04.09.2020. The petitioner was aged 37 years at the time of accident and was working as mason and was earning Rs.20,000/- p.m. Hence, the petitioner filed the claim petition seeking compensation of Rs.25,00,000/-.

6. The second respondent/Insurance Company objected the claim petition by contending that the accident took place due to negligence of the rider of the two wheeler, who has no valid driving licence at the time of accident. Therefore, the petitioner is not entitled to the compensation from the second respondent.

7. Before the Tribunal both side adduced oral and documentary evidence. After hearing both and after considering the evidences, the Tribunal Court has held negligence on the driver of the first respondent's car and awarded compensation of Rs.18,47,085/- to the petitioner. Aggrieved by the said award, the second respondent has preferred this Civil Miscellaneous Appeal.

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8. Heard both side and perused the records in this Civil Miscellaneous Appeal.

9. On perusal of records, it is clear that the FIR and charge sheet was registered against the driver of the first respondent's car. Though the second respondent took plea that due to negligence of rider of the two wheeler, who has no valid driving license, the second respondent has not established the same by producing acceptable evidence. During the course of argument at the admission stage, the learned counsel for the appellant has submitted that the appellant/2nd respondent deposited the entire award amount as awarded by the Tribunal. The learned counsel for the appellant has also submitted that the entire awarded amount deposited by the appellant/2nd respondent was withdrawn and the Execution Petition filed by the appellant was also withdrawn. In such circumstances, this Court holds that the appellant/2nd respondent has no sufficient cause in this appeal, that is why, the appellant has deposited the entire amount instead challenging the award before this Court. Therefore, the compensation awarded by the Tribunal is held correct and the same is not liable to be set aside.

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10. In the result, this Civil Miscellaneous Appeal is dismissed and the award dated 21.04.2022 passed by Motor Accident Claims Tribunal/Subordinate Court, Thuraiyur in M.C.O.P.No.8 of 2021 is confirmed. No costs. Consequently, connected Miscellaneous Petition is closed.

16.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD To 1.The Motor Accidents Claims Tribunal/Sub Judge, Thuraiyur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD Pre - Delivery Judgment made in and C.M.P(MD)No.7526 of 2023 16.02.2024 6/6