This appeal challenged a Motor Accidents Claims Tribunal award granting compensation to heirs of a deceased motorcyclist. The court dismissed the appeal, holding that the tribunaI's reliance on eyewitness testimony and the police final report was not infirm.
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.
C.M.A. No. 1219 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
C.M.A. No. 1219 of 2021 and C.M.P. No.6175 of 2021
The United India Insurance Co. Ltd., PPS Complex, Mettur Main Road, Omalur Post, Salem District.
... Appellant / 2nd Respondent
Vs.
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 23.08.2018 passed in M.C.O.P. No.168 of 2018 (Old M.C.O.P. No.34 of 2009) on the file of the Sub Judge, Motor Accidents Claims Tribunal, Omalur, Salem.
For Appellants : Mr. C. Paranthaman For RR 1 to 5 : Mr. R. Subramanian For R6 : No Appearance
C.M.A. No. 1219 of 2021
JUDGMENT
This Civil Miscellaneous appeal has been filed by the insurance company challenging the Judgment and Decree passed in M.C.O.P. No.168 of 2018 (Old M.C.O.P. No.34 of 2009), dated 23.08.2018 on the file of the Sub Judge, Motor Accidents Claims Tribunal, Omalur, Salem.
according to their litigative status and rank before the Tribunal.
PM, the deceased namely Nallathambi was riding a bajaj M80 two wheeler bearing Registration No. TN-25-A-2937 on the Dharmapuri to Salem main road, while he reached near Omalur Police Station, at that time, a tractor belongs to the first respondent bearing Registration No. TN-55-J-4734 came in the opposite direction in rash and negligent manner and dashed against the two wheeler of the deceased causing grievous injuries. The deceased succumbed to injuries on the next day. The deceased was working in a power loom and was earning Rs.5,000/- per month. For the loss of deceased Nallathambi, the claimants have filed this claim petition seeking
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compensation for a sum of Rs.5,00,000/-.
P.W.3 were examined and Exs. P.1 to P.11 were marked and on the side of
the respondent, R.W.1 and R.W.2 were examined and Exs.R.1 to R.8 were marked.
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No.1, has held that the deceased was died due to the tortuous act committed
by the driver of the tractor bearing Registration No.TN-55-J-4734, hence the respondent are liable to pay the compensation to the claimants. In point No.2, the Tribunal has quantified and granted compensation for a sum of Rs.7,50,400/- along with interest @ 7.5% per annum from the date of filing of petition till the date of realization.
insurance company, this appeal has been filed by the insurance company.
submitted that the first respondent tractor has been falsely implicated and contended that their vehicle was not involved in the accident. The learned counsel submitted that admittedly, in the F.I.R., which is marked as Ex.P.1, the involvement of tractor was not mentioned and it is stated that an unknown lorry has dashed against the two wheeler of the deceased. There is also evidence placed on record that the tractor has been falsely implicated in this case. The final report in criminal case also filed stating that the allegation of involvement of tractor is 'mistake of fact', hence prays to
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dismiss the award of the Tribunal.
who is the eye witness to the occurrence and according to him, he came to Omalur for his personal work on 29.08.2007 at about 04:30 PM and was standing near the Dharmapuri to Salem main road. He had seen the deceased riding a two wheeler towards Salem, at that time, a Tractor bearing Registration No.TN-55-J-4734 came in the opposite direction and hit on the
two wheeler of the deceased, which resulted in causing severe injuries to the
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deceased and he has assisted the deceased. After two days, he was examined by the police regarding the occurrence. In the cross examination,
he has re-iterated the occurrence.
unknown lorry, hit the deceased and he sustained grievous injuries, but Arjunan was not the eye witness to the occurrence. He reached the spot and came to know that an unknown vehicle hit the deceased. This complaint has been investigated by the Police and they have filed a final report, Ex.P.6, stating the involvement of the Driver of the tractor bearing Registration No.TN-55-J-4734 i.e., the tractor of the first respondent. The evidence of eye witness P.W.2 is corroborated by the other materials placed on record by the claimants.
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The Tribunal has accepted the evidence of P.W.2 as more probable and held that the driver of the tractor bearing Registration No.TN-55-J-4734 is the tortfeasor and accordingly, held that the respondents are liable to pay the compensation.
24.11.2023
stn Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No
C.M.A. No. 1219 of 2021
To:
C.M.A. No. 1219 of 2021
K. RAJASEKAR, J.
stn
C.M.A. No. 1219 of 2021
24.11.2023
1 issue framed by the court
Whether the insurance company's appeal challenging the Tribunal's finding that the tractor was the tortfeasor has merit.
The United India Insurance Co. Ltd.
Chinnakodan @ Chinnathambi
Marakkal
Padma
Minor Ranjith
Minor Vinoth
K. RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
