Divisional Manager, The New India Assurance Company Limited v. Keerthiraja
2022-01-11
S.ANANTHI
body2022
DigiLaw.ai
ORDER : 1. These Civil Miscellaneous Appeals have been filed against the award, dated 12.07.2019 in M.C.O.P.No.325 of 2017 passed by the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul. 2. It is a case of accident. On 07.07.2015, at about 04.30 p.m., the injured was travelled as pillion rider in the motor cycle bearing Registration No.TN-59-AM-8325 which was ridden by the 2nd respondent herein which belongs to his father, Oddanchatram to Dindigul east west main road, near S.S.M.College, Kovilpatti Privu, the 2nd respondent herein drove his two wheeler in a rash and negligent manner and overtook a splendor bike and a bus simultaneously without caring about the vehicles from opposite direction and dashed against the Maruti Swift Car bearing Regn. No.TN-59-AV-6354 which was coming in the opposite direction driven by the 4th respondent herein. Due to the accident, the injured sustained grievous injuries, which resulted in amputation of his left forearm and fracture in his left leg. 3. The claimant has filed a petition in M.C.O.P. No.325 of 2017 on the file of the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul, seeking compensation. 4. Before the Tribunal, on the side of the claimants three witnesses were examined as P.Ws.1 to 3 and marked twenty one documents as Exs.P.1 to P.21 and R.W.1 to R.W.4 were examined and Ex.R.1 to Ex.R.3. 5. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the insurance company and also on appreciating the evidences on record and granted award amount of Rs.28,12,626/-as compensation and out of which, the appellant was directed to pay 50% of the same and the 4th and 5th respondents were directed to pay remaining 50%. 6. Heard on either side. Perused the material documents available on record. 7. The claimant has filed a petition in M.C.O.P.No325 of 2017 for claiming compensation for the injuries sustained by him in an accident on 07.07.2015 when he travelled in two wheeler as pillion rider which was driven by the 2nd respondent herein. At 04.30 p.m., when the motor cycle was proceeding from west to east ridden by the 2nd respondent herein with rash and negligent manner and overtook a splendar bike and dashed the Maruti Car. In the said accident, the claimant has sustained grievous injuries and his left forearm also amputate. He sustained fracture in his left leg.
At 04.30 p.m., when the motor cycle was proceeding from west to east ridden by the 2nd respondent herein with rash and negligent manner and overtook a splendar bike and dashed the Maruti Car. In the said accident, the claimant has sustained grievous injuries and his left forearm also amputate. He sustained fracture in his left leg. The tribunal has awarded a sum of Rs.28,12,626/-. Aggrieved by the same, the present appeal is filed. 8. The tribunal has awarded compensation and fixed 50 : 50 liability on the insurance company of the two wheeler and the driver and owner of Maruti Car. 9. Both the Insurance company of the two wheeler and owner of Maruti Car filed these two appeals to question the 50 : 50 liability. 10. Even in claim petition it was stated that only the driver of the two wheeler drove the two wheeler and tried to overtook a bus and splendar bike and dashed the Maruti Car which came in the opposite direction. 11. Even in cross examination of the claimant he admitted that only driver of the two wheeler drove the vehicle rash and negligently, overtook a bus and dashed the Maruti Car. But, complaint was preferred against the driver of the Maruti Car. 12. The injured was examined as P.W.1 and he is also an eye witness. 13. As per Motor Vehicle report, left side of the car alone damaged. If the driver of the Maruti Car drove the vehicle rash and negligently only front side or right side of the car would be damaged. 14. P.W.2 was examined as an another eye witness. He deposed in his evidence that the accident was happened only due to negligent driving of the 2nd respondent/1st respondent, driver of two wheeler. 15. No other evidence on the side of the Insurance Company. So, from the evidences of P.W.1 & P.W.2, Motor Vehicle report it clearly proved that only on the negligent of driver of the two wheeler the accident was occurred. 16. The First Information Report was registered against the driver of the Maruti Car and he also admitted the offence in the criminal Court. But, the findings of the Criminal Court has not bind the MACT. 17. In view of the aforesaid reasons, at the time of accident the two wheeler was insured under appellant insurance company in C.M.A.(MD) No.931 of 2019.
But, the findings of the Criminal Court has not bind the MACT. 17. In view of the aforesaid reasons, at the time of accident the two wheeler was insured under appellant insurance company in C.M.A.(MD) No.931 of 2019. So, the insurance company is only liable to pay the entire compensation. 18. Finally, C.M.A.(MD)No.699 of 2020 is allowed by modifying the liability only in M.C.O.P.No.325 of 2017 passed by the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul, only appellant in C.M.A.(MD)No.931 of 2019 is liable to pay entire compensation. The appellant herein is entitled to get deposited amount. C.M.A.(MD)No.931 of 2019 is dismissed by confirming the award, dated 12.07.2019 in M.C.O.P.No.325 of 2017 passed by the learned Motor Accident Claims Tribunal/Special Subordinate Judge, Dindigul. The appellant/insurance company is directed to pay and deposit the entire amount of compensation, within a period of six weeks from the date of receipt of copy of the order. After depositing the amount, the claimant is permitted to withdraw the entire amount, with accrued interests and costs. If the appellant/insurance company deposited the excess amount is to be refunded to the insurance company. No Costs. Consequently, connected Miscellaneous Petitions are closed.