Liability of the insurance company under the Motor Vehicles Act, 1988, and determination of compensation in road accident cases.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 04.12.2019, made in M.C.O.P.No.325 of 2017, on the file of the Motor Accident Claims Tribunal, Additional District Court - Fast Track Court, Kancheepuram.)

V.M. Velumani, J.

1. This Civil Miscellaneous Appeal has been filed by the appellant / New India Insurance Company Limited against the judgment and decree dated 04.12.2019, made in M.C.O.P.No.325 of 2017, on the file of the Motor Accident Claims Tribunal, Additional District Court - Fast Track Court, Kancheepuram.

2. The appellant is the 2nd respondent in M.C.O.P.No.325 of 2017, on the file of the Motor Accident Claims Tribunal, Additional District Court - Fast Track Court, Kancheepuram. The respondents 1 to 3 / claimants filed the said claim petition, claiming a sum of Rs.1,00,00,000/- as compensation for the death of one Iyappan, who died in the accident that took place on 26.03.2017.

3. According to the respondents 1 to 3, on 26.03.2017 at about 06.30 a.m., while the deceased Iyappan was walking opposite to Narayana Mastry House on the Ozalur – Chengalpet Road, the rider of the motorcycle bearing Registration No.TN 19 E 4742 belonging to 4th respondent, drove the same at a colossal speed without following the Motor Vehicle Rules, dashed against the said Iyappan and caused the accident. In the accident, the said Iyappan sustained multiple injuries and immediately after the accident, the said Iyappan was taken to Chengalpet Medical College Hospital. Thereafter he was referred to Global Hospital for further treatment. Insptie of medical treatment, the said Iyappan succumbed to injuries on 28.03.2017. Hence, the respondents 1 to 3 filed the claim petition claiming compensation against the 4th respondent and appellant.

4. The 4th respondent - owner of the motorcycle remained exparte before the Tribunal.

5. The appellant-Insurance Company filed counter statement and denied all the averments made by the respondents 1 to 3 in the claim petition. The appellant denied the manner of accident as alleged by the respondents 1 to 3. According to appellant, as per the AR copy, it was very clear that a cow attacked the said Iyappan and therefore, it is not a road accident case. The respondents 1 to 3, 4th respondent and the Police Official have colluded together with a view to get compensation from the appellant, filed claim petition with false averments. The 4th respondent / owner – cum – rider of the motorcycle was not possessing valid driving license to drive the motorcycle at the time of accident and the motorcycle was not insured with the appellant. Hence, the appellant is not liable to pay any compensation to the respondents 1 to 3. The respondents 1 to 3 have wantonly and willingly caused delay in conducting the trial and filing the case records. The interest for the period of delay from the date of filing the counter till the date of judgment shall be waived. The respondents 1 to 3 have to prove that they are the legal heirs of the deceased. The appellant denied the age, avocation and income of the deceased. In any event, the quantum of compensation claimed by the respondents 1 to 3 is highly excessive and prayed for dismissal of the claim petition as against the appellant.

6. Before the Tribunal, the 1st respondent examined herself as P.W.1, one Murali, eyewitness to the accident was examined as P.W.2 and one Lawrance Daniel, Accountant of K.K.Corporation Ltd., was examined as P.W.3 and 15 documents were marked as Exs.P1 to P15. The appellant did not let in any oral and documentary evidence.

7. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the rider of the motorcycle belonging to 4th respondent and directed the appellant-Insurance Company to pay a sum of Rs.28,78,312/- as compensation to the respondents 1 to 3.

8. To set aside the said award dated 04.12.2