The High Court of Madras, through a single judge, dismissed an appeal filed by United India Insurance Company against the order of the Motor Accidents Claims Tribunal. The Tribunal had held the car driver rash and negligent in a fatal accident involving a deceased rider, leading to a compensation claim.
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.
CMA.No.2147 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2147 of 2024 and C.M.P.No.16587 of 2024
The Divisional Manager, United India Insurance Company Limited, D.No.1171, Muthaiya complex, Mettur Road, Erode - 638 011.
... Appellant
vs.
... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment, dated 05.01.2024 in M.C.O.P.No.977 of 2019 on the file of the Exclusive Motor Accidents claims Tribunal, Dharmapuri.
For Appellant : Mrs.R.Rathna Thara
J U D G M E N T
The present appeal is filed by the U nited India Insurance
Company Limited as against the orders passed by the Motor Accidents
Claims Tribunal, Dharmapuri in M.C.O.P.No.977 of 2019 on 05.01.2024.
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CMA.No.2147 of 2024
2. The brief case of the claimants is as follows:
On 15.06.2019, Mathialagan (deceased) was riding his
motorcycle bearing Registration number TN-29-BJ-2895 on KrishnagiriSalem National Highways and when he was nearing Mattukaranur cross road, at about 2.30 p.m., a speeding Car bearing Registration number TN38-AV-3600 belonging to the 5th respondent, hit the motorcycle, as a result of which, Mathialagan fell down and sustained injuries. He was immediately rushed to hospital but died on the way.
3. Heard Mrs.R.Rathna Thara, learned counsel for the appellant.
4. The main contention of the learned counsel for the appellant / Insurance Company is that Mathialagan (deceased), was rash and negligent in driving his vehicle and invited the accident.
5. A perusal of the records shows that the claimants filed a petition under Section 166 of the Motor Vehicles Act, in M.C.O.P.No.977 of 2019 before the Motor Accidents claims Tribunal, Dharmapuri and in order to prove the negligence on the part of the driver of the car bearing Registration number TN 38-AV-3600, the claimants filed a copy of the 2/4
CMA.No.2147 of 2024
FIR (Ex.P1) and also examined one Mathiyazhagan (P.W.2) who is an eyewitness to the occurrence. FIR (Ex.P1) was registered against the driver of the car bearing Registration number TN38-AV-3600 for the offences punishable under Sections 279 and 304-A I.P.C. The accident took place on Krishnagiri - Salem National highways and P.W.2 in his evidence has deposed that the driver of the Car was rash and negligent in driving the vehicle. The trial Court after taking into consideration the evidence of P.W.2 and the manner of accident, had rightly concluded that the driver of the car was rash and negligent in driving his vehicle.
6. In the circumstances, I do not see any reason to interfere with
the orders passed by the Tribunal fastening negligence on the part of the driver of the car. Therefore, the Civil Miscellaneous Appeal is dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
08.08.2024
Index : Yes/No Speaking/Non-speaking order Neutral citation : Yes / No vum
R.HEMALATHA, J.
vum
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CMA.No.2147 of 2024
To
2. The Divisional Manager, United India Insurance Company Limited, D.No.1171, Muthaiya complex, Mettur Road, Erode - 638 011.
3. The Section Officer, VR Section, Madras High Court, Chennai.
08.08.2024
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1 issue framed by the court
Whether the Motor Accidents Claims Tribunal correctly fastened negligence on the car driver causing a fatal accident.
2 provisions across 1 enactments
United India Insurance Company Limited
Geetha
Nanthini
Vinothkumar
Madhammal
R. Elango
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
