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2023 Supreme(Mad) 510
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. THARANI, J.
The Oriental Insurance Company Limited, Rep. By its Divisional Manager, Theni District - Appellant
Versus
P. Kamaraj & Others - Respondents
C.M.A. (MD)No. 364 of 2020
Decided On : 27-03-2023
For the Appellant:C. Karthik, Advocate. For the Respondents: R1 to R3, T. Pon Ramkumar, R5, P. Santhosh Kumar, R7, P. Malini, R4 to R6, No Appearance.
The liability of the insurance company and the calculation of compensation based on the deceased's age and income were the central legal points established in the judgment.
Headnote:
Motor Vehicles Act - Compensation Claim - 173 - M.C.O.P.No.232 of 2013 - Summary of Acts and Sections: Motor Vehicles Act, 1988, Section 173 - The court discussed the liability of the insurance company, the sitting capacity of the tractor, and the violation of policy conditions. Key legal provisions such as the liability of the insurance company and the permissible use of the vehicle were interpreted and influenced the court's decision.
Fact of the Case:
The appellant filed a claim petition for compensation for the death of a loadman in a tractor accident. The Tribunal awarded compensation, which the appellant appealed against, citing violations of policy conditions and the liability of the insurance company.
Finding of the Court:
The court found that the insurance company was liable to pay compensation and directed the appellant to deposit the awarded amount with interest. The court also adjusted the compensation amount based on the deceased's age and income.
Issues: The issues revolved around the liability of the insurance company, violation of policy conditions, and the calculation of compensation based on the deceased's age and income.
Ratio Decidendi: The court held that the insurance company was liable to pay compensation and adjusted the compensation amount based on the deceased's age and income.
Final Decision: The Civil Miscellaneous Appeal was partly allowed, and the compensation amount was reduced from Rs.8,66,400 to Rs.6,64,800. The court directed the appellant to deposit the adjusted compensation amount with interest and allowed the respondents to withdraw their respective shares.
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the decree and judgment dated 12.11.2019 in M.C.O.P.No.232 of 2013 on the file of the Motor Accident Claims Tribunal cum Additional District Judge, Srivilliputhur.)
1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.232 of 2013 dated 12.11.2019, on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Srivilliputhur.
2. The appellant herein is the 3rd respondent, the respondents 1 to 3 herein are the petitioners, the respondents 4 and 5 herein are the respondents 1 and 2 and the respondents 6 and 7 herein are the respondents 4 and 5 in the claim petition. The appellants herein have filed a claim petition in M.C.O.P.No.232 of 2013, claiming compensation for the death of one Periyandavar, in an accident that took place on 04.09.2013. The Tribunal has awarded a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) as compensation. Against which, the appellant has preferred this appeal.
3. Brief substance of the claim petition in M.C.O.P.No.232 of 2013 is as follows:
On 04.09.2013, when the deceased Periyandavar was working as a loadman in a tractor bearing registration No.TN-74-Z-5811, the tractor driver drove the vehicle in a rash and negligent manner and the deceased was thrown away from the tractor and he died on the spot. The deceased was aged about 15 years and the petitioners are his dependants and they claim a sum of Rs.11,90,000/- (Rupees Eleven Lakhs and Ninety Thousand only) as compensation.
4. Brief substance of the counter filed by the third respondent therein is as follows:
The tractor was meant only for agricultural purpose. At the time of accident, the tractor was used for commercial purpose. The policy conditions are violated. The deceased travelled in the vehicle as an unauthorized passenger. The age of the deceased was 15 years. There is no possibility of the petitioners to depend on the income of the deceased. The petitioners have to prove that the vehicle was insured with the third respondent. The first respondent sold the vehicle to the second respondent. There is no policy in the name of the second respondent. The third respondent is not liable to pay compensation. The claim is excessive.
5. Brief substance of the counter filed by the fifth respondent therein is as follows:
The vehicle has sitting capacity only for the driver. The deceased travelled on the mud guard and the deceased violated the policy conditions. The driver of the vehicle was not having valid driving licence. The age, income and profession are all denied. The deceased who travelled in the goods carrier, is responsible for the accident. The claim is excessive. The first respondent is liable to pay compensation.
6. On the side of the petitioners, two witnesses were examined and two documents were marked. On the side of the respondents therein, three witnesses were examined and four documents were marked. After trial, the Tribunal has awarded a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) as compensation to be paid by the third respondent therein. Against which, the appellant has preferred this Civil Miscellaneous Appeal on the following grounds:-
The Tribunal failed to note that the sitting capacity of the tractor is only for one person I.e. driver. The tractor was insured only as a miscellaneous Class D vehicle and the policy was liability only policy. The loadman was not permissible to travel in the tractor. The insurance company is not liable to pay compensation. The liability of the insurance company is extended only to the risk covered by the policy of insurance. The fifth respondent, the owner of the vehicle is liable to pay compensation. As per the FIR, the deceased was getting down from the mudguard of the tractor and that the driver drove the vehicle in a rash and negligent manner and that the deceased fell down and di
