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Divisional Manager, New India Assurance Co. Ltd., Dindigul & Another v/s Keerthiraja & Others

    C.M.A.(MD) Nos. 931 of 2019 & 699 of 2020 & C.M.P.(MD) Nos. 12531 of 2019, 7087 of 2020 & 335 of 2021

    Decided On, 11 January 2022

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MRS. JUSTICE S. ANANTHI

    For the Appellant: A. Ilango, Advocate. For the Respondents: R1, S. Vijayashanthi, R2 & R3, P. Athimoolapandian, Advocates.



Judgment Text

(Prayer: C.M.A.(MD) No.931 of 2019: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the Decree and Judgment, dated 12.7.2019 made in M.C.O.P. No.325 of 2017 on the file of the learned Subordinate Judge, Dindigul.

C.M.A.(MD) No.699 of 2020 : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the Decree and Judgment, dated 12.7.2019 made in M.C.O.P. No.325 of 2017 on the file of the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul and allow this Civil Miscellaneous Appeal.)

1.These Civil Miscellaneous Appeals have been filed against the Award, dated 12.7.2019 in M.C.O.P. No.325 of 2017 passed by the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul.

2.It is a case of accident. On 7.7.2015, at about 4.30 p.m., the injured was travelling as Pillion Rider in the Motorcycle bearing Registration No.TN-59-AM-8325, which belongs to his father, which was ridden by the 2nd Respondent herein from Oddanchatram to Dindigul on East West Main Road, near S.S.M. College, Kovilpatti Privu, the 2nd Respondent herein drove his Two-wheeler in a rash and negligent manner and overtook a Splendor Bike and a Bus simultaneously without caring about the Vehicles from opposite direction and dashed against the Maruti Swift Car bearing Regn. No.TN-59-AV-6354 which was coming in the opposite direction driven by the 4th Respondent herein. Due to the accident, the injured sustained grievous injuries, which resulted in amputation of his left forearm and fracture in his left leg.

3.The Claimant has filed a Petition in M.C.O.P. No.325 of 2017 on the file of the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul, seeking Compensation.

4.Before the Tribunal, on the side of the Claimants three Witnesses were examined as PWs.1 to 3 and marked twenty one documents as Exs.P1 to P21 & RW1 to RW4 were examined and Ex.R1 to Ex.R3.

5.The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the Counsel for the Claimants and the Insurance Company and also on appreciating the evidences on record and granted Award amount of Rs. 28,12,626 as Compensation and out of which, the Appellant was directed to pay 50% of the same and the 4th & 5th Respondents were directed to pay remaining 50%.

6.Heard on either side. Perused the material documents available on record.

7.The Claimant has filed a Petition in M.C.O.P. No325 of 2017 for claiming Compensation for the injuries sustained by him in an accident on 7.7.2015, when he travelled in Two-wheeler as Pillion Riderm, which was driven by the 2nd Respondent herein. At 4.30 p.m., when the Motorcycle was proceeding from West to East ridden by the 2nd Respondent herein with rash and negligent manner and overtook a Splendar Bike and dashed the Maruti Car. In the said accident, the Claimant has sustained grievous injuries and his left forearm also amputated. He sustained fracture in his left leg. The Tribunal has awarded a sum of Rs. 28,12,626. Aggrieved by the same, the present Appeal is filed.

8.The Tribunal has awarded Compensation and fixed 50: 50 liability on the Insurance Company of the Two-wheeler and the Driver and Owner of Maruti Car.

9.Both the Insurance Company of the Two-wheeler and Owner of Maruti Car filed these two Appeals to question the 50: 50 liability.

10.Even in Claim Petition, it was stated that only the Driver of the Two-wheeler drove the Two-wheeler and tried to overtake a Bus and Splendar Bike and dashed the Maruti Car, which came in the opposite direction.

11.Even in cross-examination of the Claimant, he admitted that only Driver of the Two-wheeler drove the Vehicle rash by and negligently, overtook a Bus and dashed the Maruti Car. But, Complaint was preferred against the Driver of the Maruti Car.

12.The injured was examined as PW1 and he is also an Eyewitness.

13.As per Motor Vehicle Report, left side of the Car alone damaged. If the Driver of the Maruti Car drove the Vehicle rash by and negligently, only front side or right side of the Car would be damaged.

14.PW2 was examined as an another Eyewitness. He deposed in his evidence that the accident has happened only due to negligent driving of the 2nd Respondent/1st Respondent, Driver of Two-wheeler.

15.No other evidence on the side of the Insurance Company. So, from the evidences of PW1 & PW2, Motor Vehicle Inspector Report it is clearly proved that only on account of negligence of Driver of the Two-wheeler, the accident has occurred.

16.The First Information Report was registered against the Driver of the Maruti Car and he also admitted the offence in the Criminal Court. But, the findings of the Criminal Court does not bind the MACT.

17.In view of the aforesaid reasons, at the time of accident, the Two-wheeler was insured under Appellant-Insurance Company in C.M.A.(MD) No.931 of 2019. So, the Insurance Company is only liable to pay the entire Compensation.

18.Finally, C.M.A.(MD) No.699 of 2020 is allowed by modifying the liability only in M.C.O.P. No.325 of 2017 passed by the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul, only Appellant in C.M.A.(MD) No.931 of 2019 is liable to pay entire Compensation. The Appellant herein is entitled to get deposited amount. C.M.A.(MD) No.931 of 2019 is dismissed by confirmin

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g the Award, dated 12.7.2019 in M.C.O.P. No.325 of 2017 passed by the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul. The Appellant/Insurance Company is directed to pay and deposit the entire amount of Compensation, within a period of six weeks from the date of receipt of copy of the Order. After depositing the amount, the Claimant is permitted to withdraw the entire amount, with accrued Interest and Costs. If the Appellant/Insurance Company already deposited, the excess amount is to be refunded to the Insurance Company. No Costs. Consequently, connected Miscellaneous Petitions are closed.
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