This Civil Miscellaneous Appeal filed by an insurance company challenging a Motor Accident Claims Tribunal award was dismissed. The Court held the Tribunal's findings regarding vehicle involvement and compensation quantum were not unreasonable, despite minor discrepancies in accident records.
Appeal dismissed; no costs; connected Miscellaneous Petition closed.
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(MD)No.819 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.819 of 2009 and M.P(MD)No.1 of 2009
The Branch Manager, The New India Assurance Company Limited, Rosary Church Building, 61, Town Hall Road, Madurai-625 001. ... Appellant/2nd Respondent Vs. 1.A.Pandi ... Respondent/Petitioner 2.R.Maran ... Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside or modify the order of the learned Tribunal in M.C.O.P.No.2675 of 2002, dated 06.04.2009 on the file of the Motor Accident Claims Tribunal, IV Additional Subordinate Court, Madurai.
For Appellant : Mr.J.S.Murali For R1 : Mr.D.Nallathambi For R2 : No Appearance
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JUDGMENT
The present appeal has been filed by the insurance company challenging the award passed by the Motor Accident Claims Tribunal, Madurai in M.C.O.P.No.2675 of 2002 questioning the involvement of the insured vehicle.
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questioned the quantum of compensation as prayed for by the claimant.
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indicating the fact that the accident has taken place near Arapalayam Bus Stand. Therefore, there is a discrepancy between the records in the accident register and the F.I.R. That apart, F.I.R has been lodged after a period of 28 days. This creates serious doubt with regard to the involvement of the insured vehicle, namely the vehicle belonging to the 1st respondent. The claimant has not established the involvement of the insured vehicle. Therefore, the tribunal was in error in mulcting the liability upon the appellant insurance company. He also questioned the quantum of award.
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have also reported the road traffic accident to the police authorities. However, they have taken their own time to register an F.I.R. Therefore, the claimant cannot be found fault with. Hence, he prayed for sustaining the order passed by the tribunal.
appellant is that the claimant has not proved the involvement of the insured vehicle. The injured claimant has been admitted to Government Rajaji Hospital at about 6.45 p.m on 04.08.2002. In the accident register, some third party who admitted the claimant has mentioned that the accident has taken place near Fatima College. However, the insurance company has not chosen to examine the third party or taken any steps to prove the fact that the accident has taken place in a different place. On the other hand, the injured claimant has examined himself as P.W.1 and he has specifically contended that the accident has taken place only near Arapalayam Bus Stand. Based upon Exhibit P.1/F.I.R, a charge sheet has been filed under Exhibit P.2 and a judgment has been delivered under
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Exhibit P.4 by the Criminal Court. In all these records, it has been specifically mentioned that the accident has taken place only near Arapalayam Bus Stand. The driver of the offending vehicle has pleaded guilty and paid fine. Therefore, this Court does not find any reason to interfere in the finding of the tribunal with regard to the involvement of the vehicle.
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NCC : Yes / No Index : Yes / No Internet : Yes / No
14.06.2023
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To
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R.VIJAYAKUMAR,J.
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Judgment made in C.M.A(MD)No.819 of 2009
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Branch Manager, The New India Assurance Company Limited
A.Pandi
R.Maran
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
