Insurer's appeal against a motor accident compensation award for the death of a pillion rider. The court upheld the Tribunal's finding of negligence against the motorcycle rider based on the eyewitness evidence and confirmed the compensation amount as just and reasonable.
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.2197 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.2197 of 2021 And
C.M.P.No.12154 of 2021
National Insurance Company Limited Mettupalayam Branch, R.V.Building, (1st Floor), 157, Karamadai Road, Mettupalayam, Coimbatore – 641 301.
... Appellant
Vs.
1.P.Palanisamy 2.P.Madathi 3.B.Sheik Musthafa 4.B.Suresh Kumar 5.P.Durairaj*
6.The Managing Director,* Tamil Nadu State Transport Corporation, Coimbatore Division, No.37, MTP Road, Coimbatore – 641 043. (*amended as per I.A.No.560/2018, dated 10.01.2019)
... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 12.12.2019 made in
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C.M.A.No.2197 of 2021
M.C.O.P.No.268 of 2017, on the file of the Motor Accidents Claims
Tribunal (V Additional District Judge), Coimbatore.
For Appellant : Mr.D.Bhaskaran
For Respondents : Mr.K.Varadha Kamaraj for R1 and R2 for M/s.S.B.Viswanathan R3 – No Appearance R4 & R5 – NDW vide order dated 10.12.24 Mr.A.Sundara Vadhanam for R6
J U D G M E N T
The third respondent before the Motor Accidents Claims
Tribunal is the appellant herein. This appeal has been filed against the judgment and decree dated 12.12.2019 passed by the Motor Accidents Claims Tribunal, (V Additional District Judge), Coimbatore, in M.C.O.P.No.268 of 2017.
2.The learned counsel appearing for the appellant submitted that the respondents 1 and 2 are the parents of the deceased Vijay and they filed claim petition before the Motor Accidents Claims Tribunal, claiming compensation of Rs.20 Lakhs alleging that on 27.10.2016 at about 3.45 p.m., the deceased Vijay travelled as a pillion rider in the motorcycle bearing Registration No.TN 37 CQ 0766 driven by the third 2/6
C.M.A.No.2197 of 2021
respondent in Valparai to Coimbatore Road, after crossing Attakatti, Kadambarai, near 16th Hair-pin Bend. At that time, the Government Bus bearing Registration No.TN 38 N 2100, came in the opposite side and the third respondent suddenly stopped the motorcycle in a negligent manner and the deceased fell down and the Government Bus ran over the deceased, due to which, the deceased died on the spot. After adjudication, the Tribunal awarded a sum of Rs.14,70,800/- as compensation to the claimants along with interest at 7.5% p.a. from the date of petition till the date of deposit with proportionate costs and directed the appellant to deposit the amount.
3.The learned counsel appearing for the appellant further submitted that F.I.R. was registered against the fifth respondent/ driver of the bus owned by the sixth respondent Transport Corporation, however, after investigation, the fifth respondent was exonerated and charge sheet was filed as against the rider of the two wheeler insured with the appellant and subsequently the case ended in acquittal. Hence the Tribunal fastening the entire negligence as against the rider of the motorcycle insured with the appellant, is not sustainable one.
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7.The accident and the manner in which the accident happened are not disputed. Inorder to prove the negligence aspect, the first claimant examined himself as P.W.1 and also examined P.W.2 – eye witness and P.W.2 has clearly deposed that the motorcycle was driven by the third respondent in a negligent manner and when it was near the 16th Hair-pin Bend, the Government Bus came in the opposite side and hence the third respondent suddenly stopped the motorcycle and the deceased fell down and the Government Bus ran over the deceased and to disprove the same, the appellant has not examined any independent eye witness. Though the third respondent made complaint before the law enforcing agency as against the driver of the bus belonging to the sixth respondent, the law enforcing agency after investigation, filed charge sheet as against the third respondent and hence the Tribunal fastened the entire liability as against the appellant.
8.Insofar as the quantum of compensation is concerned, the Tribunal after considering all the factual aspects, awarded compensation which is just and reasonable and the same warrants no interference.
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M.DHANDAPANI,J. pri
9.The civil miscellaneous appeal is dismissed. The judgment and decree dated 12.12.2019 passed by the Motor Accidents Claims Tribunal, (V Additional District Judge), Coimbatore, in M.C.O.P.No.268 of 2017, is confirmed. No costs. Consequently, the connected miscellaneous petition is closed.
16.12.2024
pri
Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No
To
C.M.A.No.2197 of 2021 And C.M.P.No.12154 of 2021
16.12.2024
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2 issues framed by the court
Whether the Tribunal erred in fastening the entire negligence on the motorcycle rider insured with the appellant when the bus driver was exonerated after investigation?
Whether the quantum of compensation awarded by the Tribunal was just and reasonable?
1 provisions across 1 enactments
National Insurance Company Limited, Mettupalayam Branch
P.Palanisamy
P.Madathi
B.Sheik Musthafa
B.Suresh Kumar
P.Durairaj
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
