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2018 DIGILAW 3344 (MAD)

National Insurance Co. Ltd. v. Pakkir Meeral Beevi

2018-09-27

V.M.VELUMANI

body2018
JUDGMENT V.M. VELUMANI, J. 1. This Civil Miscellaneous Appeal has been filed against the award dated 12.04.2005, made in M.C.O.P.No.232 of 2003, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.2, Tirunelveli. 2. The appellant is the Insurance Company. The respondents 1 to 3 are the claimants and the fourth respondent is the rider-cum-owner of the Bajaj M-80 Motorbike, bearing Registration No.TN-67-3792, which was insured with the appellant Insurance Company. 3. The facts of the case are that on 05.07.2002 at 8.00 p.m., while one Rasool Maideen, the husband of the first respondent and father of the respondents 2 and 3 was standing on the extreme left side of the Ambasamudram Road in front of V.S.T. Pallivasal, after his prayer in the said Pallivasal, the fourth respondent drove his Bajaj M-80 bike bearing Registration No. TN-67-3792 from east to west direction on Palayamkottai - Ambasamudram Road in a rash and negligent manner and hit the said Rasool Maideen. Due to the said impact, the said Rasool Maideen sustained multiple injuries and head injuries and fell down in the road. Immediately, he was taken to Tirunelveli Medical College Hospital, Tirunelveli, and admitted there as inpatient from 05.07.2002 to 11.07.2002 and died on 11.07.2002 due to the head injury. The respondents 1 to 3, legal heirs and dependants of the deceased filed the claim petition before the Tribunal claiming a sum of Rs. 2,00,000/- as compensation. 4. The appellant Insurance Company filed counter statement contending that the accident took place due to the negligence on the part of the deceased while suddenly crossing the road without seeing the oncoming vehicles from both sides of the road. The fourth respondent was having driving licence only to drive the motorcycle without gear at the time of accident and the vehicle involved in the accident is Bajaj Motor Bike with gear and therefore, the appellant Insurance Company is not liable to pay any amount of compensation to the respondents 1 to 3/claimants. In any event, the amount claimed by the respondents 1 to 3 is excessive and prayed for dismissal of the claim petition. 5. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the fourth respondent and awarded compensation of Rs. 1,61,000/- with interest at 9% p.a. from the date of claim petition till the date of realisation. 5. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the fourth respondent and awarded compensation of Rs. 1,61,000/- with interest at 9% p.a. from the date of claim petition till the date of realisation. 6. Aggrieved by the said award, the appellant has filed the Civil Miscellaneous Appeal. 7. The learned counsel appearing for the appellant submitted that the fourth respondent has no valid driving licence to drive the vehicle involved in the accident and at the time of accident, he had driving licence only to drive the motorcycle without gear and therefore, the appellant Insurance Company is not liable to pay compensation and hence, prayed for setting aside the award of the Tribunal. 8. I have heard the learned counsel appearing for the appellant and perused the materials available on record. 9. From the materials available on record, it is seen that the Tribunal considering the evidence of P.W.2 - Abdul Kadhar, who is an eye-witness to the occurrence, held that the accident took place only due to rash and negligent riding by the fourth respondent and after considering the evidence of Ex.R.1 - Driving Licence of the fourth respondent and the judgment of the Hon'ble Supreme Court in [National Insurance Co. Ltd. Vs. Swaran Singh and Others, (2004) AIR SC 1531], the Tribunal directed the appellant Insurance Company to pay compensation on behalf of the fourth respondent, which does not warrant any interference by this Court and the same is confirmed. 10. Insofar as the quantum of compensation is concerned, the Tribunal after considering the pleadings and the materials available on record, fixed the annual income of the deceased at Rs. 16,000/- and by applying multiplier 8', awarded a sum of Rs. 1,28,000/- towards loss income. Apart from the above, the Tribunal has awarded a sum of Rs. 10,000/- towards loss of consortium, Rs. 20,000/- towards loss of love and affection and Rs. 3,000/- towards funeral expenses, which, in the considered opinion of this Court, are just and reasonable compensation. Hence, the Civil Miscellaneous Appeal is dismissed confirming the award of the Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.