BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. THARANI, J
The Branch Manager, The New India Assurance Company Limited, Thanjavur – Appellant
Versus
Amsavalli & Others – Respondents
C.M.A.(MD)Nos. 272 to 276 of 2013 & M.P.(MD) Nos. 1, 1, 1, 1 & 1 of 2013
Decided on : 16-11-2021
Motor Vehicles Act, 1988 - Section 173 - Accident - Claim petition - Claim compensation - First respondent in all C.M.As., herein are petitioners and respondents 2 to 4 in all C.M.As., herein are respondents 1, 3 and 4 in claim petitions - First respondents in all C.M.As., filed claim petitions in M.C.O.P.Nos. claiming compensation for injuries sustained by them, in an accident that took place - Tribunal has awarded a sum each as compensation - Against which, appellant has preferred these appeals - Claimants and others travelled in a TATA Ace vehicle bearing registration No.TN-68-D-0183 that belong to first respondent - Driver of vehicle drove vehicle in a rash and negligent manner and dashed against another TATA Ace vehicle bearing registration No.TN-04-AC-9673, which came from opposite direction and that belong to third respondent - Claimants sustained injuries and they claimed a sum each as compensation – Held, claimants in all appeals who were examined as P.W.1 to 5, deposed that accident took place only due to rash and negligent driving of both TATA Ace drivers. Ex.P2 and Ex.P3 are M.V.I. Reports for both vehicles - Vehicle was insured with appellant - Policy copy was marked as Ex.R1 - Tribunal is right in fixing responsibility on driver of vehicle bearing registration No - Policy copy reveals that there was no policy coverage for any passengers - Judgments of Hon'ble Supreme Court, which are cited by appellant are squarely applicable to present case - Claimants who were gracious passengers in a goods carrier, are not entitled to claim compensation from appellant - Hence, appellant is exonerated from liability - Civil Miscellaneous Appeals are partly allowed.
JUDGMENT :
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 27.06.2012 in M.C.O.P.No.394 of 2011 on the file of the Motor Accidents Claims Tribunal, (Principal Sub Court), Kumbakonam.
This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 27.06.2012 in M.C.O.P.No.395 of 2011 on the file of the Motor Accidents Claims Tribunal, (Principal Sub Court), Kumbakonam.
This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 27.06.2012 in M.C.O.P.No.396 of 2011 on the file of the Motor Accidents Claims Tribunal, (Principal Sub Court), Kumbakonam.
This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 27.06.2012 in M.C.O.P.No.397 of 2011 on the file of the Motor Accidents Claims Tribunal, (Principal Sub Court), Kumbakonam.
This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 27.06.2012 in M.C.O.P.No.398 of 2011 on the file of the Motor Accidents Claims Tribunal, (Principal Sub Court), Kumbakonam.)
1. These Civil Miscellaneous Appeals have been filed against the common award passed in M.C.O.P.Nos.394, 395, 396, 397 and 398 of 2011 dated 27.06.2012, on the file of the Motor Accident Claims Tribunal, Principal Sub Judge, Kumbakonam.
2. The appellant in all the C.M.As., herein is the second respondent, the first respondent in all the C.M.As., herein are the petitioners and the respondents 2 to 4 in all the C.M.As., herein are the respondents 1, 3 and 4 in the claim petitions. The first respondents in all the C.M.As., filed claim petitions in M.C.O.P.Nos.394, 395, 396, 397 and 398 of 2011, claiming compensation for the injuries sustained by them, in an accident that took place on 05.09.2011. The Tribunal has awarded a sum of Rs. 12,000/- (Rupees Twelve Thousand only) each as compensation. Against which, the appellant has preferred these appeals.
3. A brief substance of the claim petitions is as follows:
On 05.09.2011, at about 06.00 p.m., the claimants and others travelled in a TATA Ace vehicle bearing registration No.TN-68-D-0183 that belong to the first respondent. The driver of the vehicle drove the vehicle in a rash and negligent manner and dashed against another TATA Ace vehicle bearing registration No.TN-04-AC-9673, which came from the opposite direction and that belong to the third respondent. The claimants sustained injuries and they claimed a sum of Rs. 1,00,000/- (Rupees One Lakh only) each as compensation.
4. Brief substance of the counter filed by the second respondent therein in all the claim petitions is as follows: It is denied that the vehicle bearing registration No.TN-68-D-0813 was insured with this respondent. The claimants violated the policy conditions. The vehicle is only a goods carrier. The petitioners and others were not entitled to travel in the vehicle as passengers. The manner of the accident is denied. The vehicle was driven by the driver in a slow and cautious manner. It was the other vehicle bearing registration No.TN-04-AC-9673 that was driven by its driver in a rash and negligent manner. The age, avocation and income of the claimants are all denied. The claimants sustained simple injuries. There is no disablement. The claimants took treatment only in the Government Hospital and the claim is excessive.
5. Brief substance of the counter filed by the fourth respondent therein in all claim petitions is as follows: The age, profession and monthly income of the claimants are all denied. The injuries are denied. It is denied that the vehicle bearing registration No.TN-68- D-0813 was insured with this respondent. It is denied that the driver was having valid driving licence. This respondent is an unnecessary party to the petition. The petition is bad for
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