Claimants appealed a MACT award exonerating the insurer because no insurance policy was alive for the auto involved, leaving liability on its owner. The High Court found no perversity in the Tribunal's findings on negligence and liability and dismissed the appeal.
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.1146 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.1146 of 2024
vs.
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C.M.A.(MD)No.1146 of 2024
PRAYER:
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1973, to set aside the Fair and Decreetal order passed in M.C.O.P.No.224 of 2017 dated 01.06.2022 on the file of the Special District Court (MACT), Madurai, and to allow the above CMA.
For appellant : Mr.S.Mughil For Respondents for R1 : Mr.T.Robest Chandra for R2 : Mr.J.S.Murali for R3 : No appearance
J U D G M E N T
This Civil Miscellaneous Appeal has been preferred against the award dated 01.06.2022 passed in M.C.O.P.No.224 of 2017, on the file of the Motor Accidents Claim Tribunal/Special District Court, Madurai.
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on the owner of erred vehicle, namely, the Mini door Auto (Registration No.TN 59 AB 9101)
On 09.06.2016 at about 17.30 hours, while the third respondent was riding his motor cycle bearing Registration No.TN-64-J-9375 along with pillion one Gopinath proceeding along Madurai-Alagarkovil Main Road from South to North direction in a rash and negligent manner and at the point of Marthankulam Vilakku, opposite to Deiventhiran Kalyana Mandapam, the driver of first respondent's Auto bearing Registration No.TN 59 AB 9101, came from the opposite direction in a rash and negligent manner at a high speed and turned forwards right side and dashed on the two-wheeler. Due to the said impact, the deceased was thrown out from the motor cycle and sustained grievous injuries and succumbed to the injuries on 11.06.2016. Hence, the owner of both the vehicles and their Insurance Company, namely,
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the second and fourth respondents are liable to pay compensation.
brief:
The vehicle, namely, Mini door load Auto bearing bearing Registration No. TN 59 AB 9101, on 09.06.2016 was not insured with the second respondent. Since there is no insurance coverage for the said load auto with the second respondent, on the relevant date, the petition is not maintainable as against the second respondent.
The rider of the two-wheeler bearing Registration No.TN 64 J 9375 was riding his motor cycle in a moderate speed and it is the driver of the load Auto, who came in the opposite direction and drove his vehicle in a rash and negligent manner, suddenly swirled the Auto on his right side and dashed against the third respondent vehicle. Therefore, the owner of the Auto, namely the first respondent and its insurer, namely, the second respondent are liable to pay compensation
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eastern side of the Madurai Alagarkovil Road and opposite to Deivendiran Kalyana Mandapam, the rider of the two-wheeler bearing Registration No.TN 64 J 9375, proceeding towards north direction and a Mini door Auto bearing Registration No.TN 59 AB 9101, came from opposite side in a rash and negligent manner and hit on the two-wheeler; the rider and pillion of the two-wheeler sustained serious injuries. The pillion rider, namely, the said Gopinath, was thrown out and he was sent to Madurai Rajaji Hospital in 108 Ambulance. It is his specific evidence that due to the rash and negligent driving of the Auto, the accident happened. During his cross-examination, he would state that at that point of time, except these two-wheelers, no other vehicles were plying on the road. No ocular witnesses was examined by the respondents.
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C.M.A.(MD)No.1146 of 2024
06.12.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No jbr
To
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C.M.A.(MD)No.1146 of 2024
R.KALAIMATHI,J
jbr
Pre-delivery order made in C.M.A.(MD) No.1146 of 2024
06.12.2024
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1 issue framed by the court
Whether the Tribunal erred in exonerating the insurer on the ground that no policy was in force and fastening liability solely on the owner of the auto.
1 provisions across 1 enactments
C.Krishnaveni
Saravanan
Rani
Kamalabai
M/s. The New India Insurance Co.Ltd., Rep. Through its Divisional Manager, BSNL Building (HUB), Ellisnagar, Madurai - 16
K.S.Premkumar
R.Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
