The main legal point established is that a claimant, being a tort-feasor, is not entitled to claim compensation under the Motor Vehicles Act and the compensation should be re-calculated in accordance with the relevant provisions of the Workmen's Compensation Act.

JUDGMENT :

(R. Subbiah, J.)

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 22.04.2019 made in MCOP.No.585 of 2017 on the file of the Motor Accident Claims Tribunal, Special Sub Judge (MACT), Krishnagiri.)

This appeal is heard through Video Conferencing.

2. This appeal has been filed by the Insurance Company as against the award dated 22.04.2019, passed in MCOP No.585 of 2017 by the Special Sub Judge/Motor Accident Claims Tribunal, Krishnagiri, questioning the findings rendered by the Tribunal in fixing the liability on the part of the Insurance Company to pay the compensation to the claimant by indemnifying the owner of the vehicle involved in the accident.

3. For the sake of convenience, the parties are referred to as per the rankings before the Tribunal.

4. The first respondent is the claimant before the Tribunal and the second respondent is the owner of the insured vehicle. It is the case of the claimant before the Tribunal that, on 29.06.2014, he was driving the Car bearing Registration No.TN-24-L-4555 from Rajamunthiri to Bargur Village, along with one Palaninathan, who was an occupant in the said Car. At about 3.30 p.m. while they were nearing Thimmapuram Village, some cattle entered on the main Road and in order to avoid hitting the cattle, he swerved the Car to the left side of the road. In that process, he lost his control and the Car got capsized, as a result of which, he sustained grievous injuries. Immediately, he was taken to Government Hospital, Seelgaluripettai and he was given first-aid. Thereafter, he was taken to Community Hospital, Bangalore. Subsequently, he took treatment in two Private Hospitals, viz., Lalitha Hospital. Bangalore and Manipal Hospital. On account of the said accident, he sustained Traumatic Brain injury, Acute Subdural Hematoma along Falax and Tentroium Cerebelli, Bilateral Chronic Sudural Collections, Fracture Transverse Process of C7 Vertebra, Compression Fracture of T12 Vertebral body with Paraplegia, Fracture through left L1, 2, 3 Transverse Processes, Fracture right first to seventh Rib and left first to seventh Ribs with bilateral Hemothorax and Liver laceration with massive Hemopheritoneum. He was a heavy goods vehicle driver by avocation and earning Rs.15,000/- p.m. Hence, he made a claim for a sum of Rs.50,00,000/- as compensation.

5. The case of the claimant was resisted by the Insurance Company by filing a counter statement. It is the case of the Insurance Company that at the time of the accident, the Car bearing Registration No. TN 24 L 4555 was driven by the claimant himself. The accident is the result of his own negligence. No other third-party-vehicle was involved in the accident. While so, the claimant himself has to be construed as the tort-feasor and he is not a third party to the insured vehicle. Therefore, it is stated that the claimant is not entitled for compensation. Thus, the Insurance Company sought for dismissal of the claim petition.

6. In order to the prove the averments in the claim petition, on the side of the claimant, he himself examined as PW1and 10 documents were marked as Exs.P1 to P10 on his side. On the side of the Insurance Company, RW1 was examined and Ex.R1, Insurance Policy was marked. The disability certificate issued to the PW1 was marked as Ex.C1.

7. The Tribunal, after analysing the entire evidence, has come to the conclusion that, at the time of the accident, the claimant was working as a driver under the owner of the insured vehicle and the accident occurred only during the course of employment. Therefore, the Insurance Company is liable to pay the compensation. By coming to such conclusion, the Tribunal has passed an award for a sum of Rs.30,93,000/- as compensation. The break-up details of the amounts awarded by the Tribunal under various heads are as follows: