JUDGMENT

The Civil Miscellaneous Appeal is directed against the award dated 10.11.2021, passed in M.C.O.P.No.1013 of 2018, on the file of the Motor Accident Claims Tribunal/Special District Court to deal with Motor Accident Cases, Madurai.

2. The appellant/Insurer, who was made liable to pay compensation of Rs.18,01,500/- with interest at 7.5% pa., and costs to the claimants for the death of one Ayyam Perumal, who died consequent to an accident occurred on 26.12.2017, challenged the liability mulcted on it.

3. The case of the claimants is that on 26.12.2017 at about 15.00 hours, when the deceased was travelling as a pillion rider in Star Sports two wheeler bearing Registration No.TN-59-AR-0195 in Katathevanpatti to Kallapatti road near Raman thottam, Usilampatty, the rider of the two wheeler had proceeded in a rash and negligent manner and suddenly applied brake due to the crossing of a dog and as a result of which, Ayyam Perumal sustained grievous injuries and died on the spot and that the accident was occurred only due to the rash and negligent driving of the two wheeler.

4. The defence of the Insurer is that the claimants have suppressed the real accident occurred, that since the Insurance Policy obtained by the first respondent is an Act policy, the pillion rider cannot be compensated, that the Act policy does not qualify and cover the pillion rider, that there is no nexus between the Insurer and the death of Ayyam Perumal, that the accident was occurred only due to the negligence on the part of the deceased and the two wheeler rider and that therefore, they are not liable for the claim.

5. During enquiry, the claimants have examined the first claimant as P.W.1 and one Muthusamy alleged to be the occurrence witness as P.W.2 and exhibited 13 documents as Exs.P.1 to P.13. The appellant- Insurer has examined its Assistant Executive Officer as R.W.1 and exhibited the copy of the Insurance Policy as Ex.R.1. The learned trial Judge, upon considering the evidence, both oral and documentary and on hearing the arguments of both sides, has passed the impugned award dated 10.11.2021 holding that the accident was occurred only due to the rash and negligent driving of the rider of the two wheeler, directing the Insurer to pay the compensation of Rs.18,01,500/- with interest at 7.5%pa., and costs and then to recover the same from the first respondent. Aggrieved by the said award, the Insurer has preferred the present Civil Miscellaneous Appeal.

6. The learned Counsel for the appellant would contend that F.I.R., was registered against one Alagarsamy upon false complaint, that the complainant himself admitted his guilt and deposed that he lodged a false complaint in order to get insurance claim for the loss of his brother, that the accident was occurred only due to the rash and negligent riding of the motorcycle by the deceased himself, that since the deceased is the tort feasor, his legal representatives have no right to claim compensation, that though the accident was occurred on 26.12.2017, the complaint was lodged on 02.01.2018 and that the policy availed by the owner of the vehicle is a liability only policy and as such, the claimants are not liable to get any compensation.

7. The appellant has also filed a petition in C.M.P.(MD)No.5119 of

2022 for the reception of additional evidence. In the affidavit filed in support of the said petition, it has been stated that since they have come to know about the actual manner of accident, subsequently, they were constrained to file the above application seeking permission to produce the copy of the final report filed in Cr.No.1 of 2018, F.I.R., in Cr.NO.1 of 2019, Accident Register, Rough sketch and Motor Vehicle Inspection Report as additional evidence.

8. Though the Insurer in the main counter statement has alleged that the claimants have suppressed the real mode of accident and has given a false and distorted version to suit their claim, they have not elaborated anything further. Moreover, the Insu