IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on: Delivered on:

28.06.2021 23.07.2021 CORAM:

THE HONOURABLE TMT.JUSTICE S.KANNAMMAL C.M.A.No.3494 of 2014 Minor. P.Satheesh .. Appellant (Represented by his natural guardian/

Father, P.Periyasamy)

Vs.

1.M.Muniraj

2.The Manager, The Royal Sundaram Alliance Insurance Company Limited, No.46, Whites Road, Chennai – 600 014. .. Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 03.07.2008 made in M.C.O.P.No.142 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District Court, Dharmapuri.

For Appellant : Mr.S.Sathiaseelan For R1 : No appearance For R2 : Mr.M.B.Raghavan

J U D G M E N T

(The matter is heard through “Video Conferencing/Hybrid mode”.)

This Civil Miscellaneous Appeal has been filed against the award dated 03.07.2008 made in M.C.O.P.No.142 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District Court, Dharmapuri.

2.The appellant is the claimant in M.C.O.P.No.142 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District Court, Dharmapuri. He filed the above said claim petition, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 12.06.2004.

3.According to appellant, on 12.06.2004 at about 10.45 A.M., he was waiting along with his Mother Parvathy near a bus stop at K.N.Savulur Diversion Road. At that time, when the appellant went to pass his natural call, the rider of the motorcycle bearing Registration No.TN 29 F 7618 who was driving the motorcycle on the Dharmapuri to Paupparapatti Main Road, drove the same in a rash and negligent manner at a high speed, lost his control and dashed against the appellant and caused the accident. In the accident, the appellant sustained fracture of femur bone in right leg and multiple grievous injuries all over the body. Immediately after the accident, the appellant was taken to Government Hospital, Dharmapuri and admitted as inpatient for three days and subsequently, he was taken to Nallampatty Bone Setting Hospital and thereafter he was taken to KIMS Hospital and Research Centre, Bangalore and has taken treatment as inpatient from 26.07.2004 to 30.07.2004. Further, he has taken treatment till filing of the claim petition. Therefore, the appellant filed the said claim petition claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him against the respondents, being the owner and insurer of the motorcycle respectively.

4.The 1^st respondent-owner of the motorcycle remained exparte before the Tribunal.

5.The 2^nd respondent-Insurance Company filed counter statement and denied all the averments made by the appellant. According to 2^nd respondent, at the time of accident, the rider of the motorcycle was riding the same slowly and carefully on the left side of the road and the appellant only suddenly emerged on the road for crossing the same and on seeing this, the rider blown horn sound and stopped the motorcycle and also shouted at him. Therefore, the appellant immediately turned back and tried to run, but lost his balance, slipped and fell down due to urgency. Therefore, the accident has occurred only due to the negligence on the part of the appellant and there is no negligence on the part of the rider of the motorcycle. In exact, the motorcycle has not even touched the appellant. The F.I.R. was lodged only on the basis of false complaint and hence, the 2^nd respondent is not liable to pay any compensation to the appellant. Further, the rider of the motorcycle was not having valid driving license at the time of accident. The motorcycle was not used for the purpose of the owner and also the rider of the motorcycle at the time of accident was not the employee of the insured. The motorcycle was not used in accordance with the provisions of the Motor Vehicles Act and the owner of the motorcycle breached the term