Insurer appealed Tribunal awards of compensation for the deaths of three pillion riders killed when a bus hit their two wheeler, contending a minor was riding the two wheeler. The court found the FIR and final report fixed negligence on the bus driver, the bus driver was not examined, and declined to interfere, dismissing the appeals.
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C.M.A.Nos.1259, 1261 and 1266 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
CMA.Nos.1259, 1261 and 1266 of 2024 and C.M.P.Nos.11315, 11335 and 11402 of 2024
In CMA 1259 of 2024
The New India Assurance Co. Ltd., Divisional Office, Sethu Krishna Trade Centre, Trichy Main Road, Gugai, Salem. Now at Third Party Claims Hub, No.232, NSC Bose Road, Chennai – 600 001.
... Appellant
Vs.
In CMA 1261 of 2024
The New India Assurance Co. Ltd., Divisional Office, Sethu Krishna Trade Centre, Trichy Main Road, Gugai, Salem. Now at Third Party Claims Hub, No.232, NSC Bose Road, Chennai – 600 001.
... Appellant
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C.M.A.Nos.1259, 1261 and 1266 of 2024
Vs.
.... Respondents
In CMA 1266 of 2024
The New India Assurance Co. Ltd., Divisional Office, Sethu Krishna Trade Centre, Trichy Main Road, Gugai, Salem. Now at Third Party Claims Hub, No.232, NSC Bose Road, Chennai – 600 001.
... Appellant
Vs.
.... Respondents
COMMON PRAYER : Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the Award dated 01.11.2022 in M.C.O.P. 1143, 1144 and 1142 of 2020 on the file of the Motor Accidents Claims Tribunal, Special District Judge, Salem.
In all CMAs :
For Appellant : Mr.R.Rajesh For Respondents : No appearance
C O M M O N J U D G M E N T
The appellant in all the appeals are the New India Assurance Company Limited, Salem, and they are the second respondent in M.C.O.P. 1142, 1143 and 1144 of 2020 on the file of the Motor Accidents Claims https://www.mhc.tn.gov.in/judis 2/8
C.M.A.Nos.1259, 1261 and 1266 of 2024
Tribunal, Special District Judge, Salem, has filed the present appeals.
On 17.11.2019, Nithya (since deceased), Chandra (since deceased) and Sakthivel (since deceased) were travelling as pillion riders in a two wheeler bearing registration No.TN-77-K-9483 on Veeraganur – Attur Main Road. When they were nearing Thedavur Kamaraj Nagar bus stop, Gangavalli, a bus bearing Registration Number TN-77-J-4599 belonging to the second respondent came in the opposite direction and hit the two wheeler resulting in their instantaneous death.
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C.M.A.Nos.1259, 1261 and 1266 of 2024
driver of the bus bearing Registration Number TN-77-J-4599 was the cause of the accident and that since the said vehicle was insured with the present appellant, the New India Assurance Company Limited, Salem, the owner of the bus (second respondent) and the insurer are jointly and severally liable to pay compensation to him.
the bus and the insurer is joint and several.
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C.M.A.Nos.1259, 1261 and 1266 of 2024
the appellant, the New India Assurance Company Limited, Salem, has filed the present appeals under Section 173 of the Motor Vehicles Act, 1988.
the final report, the police had stated that minor Sakthivel was riding the two wheeler and in the circumstances, the Insurance Company is not liable to pay compensation.
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C.M.A.Nos.1259, 1261 and 1266 of 2024
Therefore, merely based on the police report it cannot be concluded that the minor was actually riding the two wheeler at the time of accident. The FIR which was registered immediately after the accident shows that one Rani was riding the two wheeler and the other persons were travelling as pillion riders. Moreover the negligence is fastened on the driver of the bus by the Tribunal based on evidence and in the circumstances I do not see any reason to interfere with the findings recorded by the Tribunal.
28.08.2024
Index:Yes/No Internet:Yes/No Speaking/non Speaking order mtl
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C.M.A.Nos.1259, 1261 and 1266 of 2024
To
R.HEMALATHA, J.
mtl
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C.M.A.Nos.1259, 1261 and 1266 of 2024
CMA.Nos.1259, 1261 and 1266 of 2024 and C.M.P.Nos.11315, 11335 and 11402 of 2024
28.08.2024
2 issues framed by the court
Whether the insurer could escape liability on the contention that the deceased minor Sakthivel was riding the two wheeler at the time of the accident.
Whether the Tribunal's finding of negligence against the bus driver and the compensation awards were liable to interference.
2 provisions across 1 enactments
The New India Assurance Co. Ltd., Salem
Chinnathambi
Lakshmi
R.Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
