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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Oriental Insurance Co. Ltd. – Appellant
Versus
Vijayalakshmi – Respondent
JUDGEMENT :
M.DHANDAPANI, J.
The Civil Miscellaneous Appeal filed to set aside the judgment and decree passed by the tribunal in the above M.C.O.P.No.919 of 2013 on the file of the Motor Accidents Claims Tribunal (Special District Judge) at Salem dated 13.02.2018.
2. It is the case of the claimant that on 15.09.2012 at about 10.50 am.,when the deceased was riding his two wheeler bearing Registration No.TN 30 J 9347 along with his brother-in-law namely Sakthivel / pillion rider, at that time a car bearing registration No.TN 38 BM 9420 belonging to the first respondent being driven by its driver in a rash and negligent manner suddenly applied brake and due to the said act, the rider and pillion rider of the motor cycle had fallen down and the rider sustained severe head injuries on head resulting in his death on 17.09.2012, even after taking treatment in the hospital. Claiming compensation for a sum of Rs.25,00,000/-, the legal heirs of the deceased have filed a claim petition.
3. Before the Tribunal, the claimants examined P.W.1 to P.W.5 and marked Exs.P.1 to Ex.P.24. The Respondents examined R.W.1 and R.W.2 and marked Ex.R1. After considering all the oral and documentary evidence, the
A vehicle owner cannot claim third-party insurance from their own insurer, limiting compensation to personal accident coverage when involved in an accident.
Negligence in accidents is shared where evidence supports multiple parties' involvement, and compensation must reflect just assessments based on calculated income loss and damages.
The court enhanced the compensation due to inadequate initial assessment and clarified liability principles regarding insurance responsibility even without a valid driver’s license.
The main legal point established in the judgment is the apportionment of negligence in a motor accident case and the determination of the quantum of compensation to be awarded.
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