The High Court dismissed a Civil Miscellaneous Appeal filed against the Motor Accident Claims Tribunal's order. The Court found no error in the Tribunal's decision to dismiss the claim for compensation because the offending vehicle lacked a registration number, rendering the insurance company not liable.
Civil Miscellaneous Appeal dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2019 CORAM:
THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM
C.M.A.No.2717 of 2019
Sivakumar ..Appellant/Petitioner Vs. 1.Shanmugasundaram 2.United india Insurance Company Limited 1st floor, 146N, Kumar Complex, West Car Street, Tiruchengode Taluk, Namakkal District. ..Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against decree and judgment in M.C.O.P.No.99 of 2015 dated 08.01.2019 on the file of the Motor Accident Claims Tribunal, Subordinate Judge Court, Tiruchengode.
For Appellant : Mr.C.Paraneedharan For Respondents : Mr.J.Chandran for R2 R1 – Ex parte before Tribunal JUDGMENT
This Civil Miscellaneous Appeal has been preferred against the judgment and decree made in M.C.O.P.No.99 of 2015 dated 08.01.2019 on the file of the Motor Accident Claims Tribunal, Subordinate Judge Court, Tiruchengode. The claimant is the appellant herein, who has preferred the appeal for enhancement of compensation awarded by the Tribunal.
2
direction, at that time, a Mini Ashok Leyland lorry without Registration Number came in the same direction and hit the two wheeler. Immediately after the accident, the driver of the said lorry ran away from the accident spot. Due to the impact of the accident, the appellant/claimant sustained severe injuries and immediately he was taken to Government Hospital, Tiruchengode for first aid and he was admitted in Krishna Hospital, Tiruchengode as in patient for further treatment and a criminal case in Crime No.560 of 2014 was also registered against the driver of the Mini Ashok Leyland lorry by the Tiruchengode Police Station. The claimant claimed a sum of Rs.15,00,000/from the owner of the said vehicle/first respondent herein as well as the insurer of the offending vehicle, viz., the second respondent.
3.The second respondent/ Insurance Company in the counter statement denied the mode of the accident as stated by the claimant and also denied the rash and negligence driving of the driver of the Mini Ashok Leyland lorry without bearing Registration Number. Apart from that, the sum claimed by the appellant/claimant under various heads are highly excessive.
4.The Tribunal after analysing the evidence and document, especially after verifying and examining RW.1 and RW.3 has given a finding that the accident occurred only due to the rash and negligent driving of the said lorry driver and did not occur due to the riding of the rider of the said two wheeler. Therefore, the Tribunal held that the second respondent/ Insurance Company is not liable to pay the compensation to the claimant and dismissed the claim petition. Aggrieved against the said dismissal order, the appellant/claimant has preferred this appeal.
6.Further, the Tribunal has very much considered the evidence of RW.1, wherein, he has been deposed that the said final report came to be filed as 'not found the offending vehicle' only due to the non-mentioning of Registration number of the said lorry by the claimant. Further, there is also no negligence on the part of the rider of the said two wheeler and hence, the claim made against the first and second respondents was dismissed and held they are not liable to pay any compensation to the appellant / claimant.
3
7.In view of the above discussions, this Court finds no error in the order passed by the Tribunal, hence, the order of the Tribunal is confirmed. The Civil Miscellaneous appeal is dismissed. No costs.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To:
The Subordinate Judge,
Motor Accident Claims Tribunal,
Tiruchengode.
+1cc to Mr.C.Paraneedharan, Advocate Sr.No.57611
AKM/02.03.2020 /3P-3C/
C.M.A.No.2717 of 2019
1 issue framed by the court
Whether the High Court finds error in the Tribunal's dismissal of compensation claim against insurance due to unregistered offending vehicle.
1 provisions across 1 enactments
Sivakumar
Shanmugasundaram
United India Insurance Company Limited
S. Ramathilagam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
