C.M.A.No.391 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

Civil Miscellaneous Appeal No.391 of 2021

and

Civil Miscellaneous Petition No.2579 of 2021

The United India Insurance Co., Ltd.,

Micro Office, Sankaralinganar Street,

N.G.R.Road, Palladam.

... Appellant / 2^nd Respondent

Vs.

1. M. Ramesh

2. R. Ramalakshmi

... Respondents / Claimants

3. Sri Venkatachalapathi Traders,

353, Kamaraj Road, Tirupur Town,

Tirupur District.

4. Tamil Nadu State Transport Corporation

Coimbatore Division, Mettupalayam Road,

Coimbatore District.

... Respondent/Respondent

Civil Miscellaneous Appeal filed under Section 173 of the

Motor Vehicles Act, 1988, against the Award and Decree dated 30.01.2018

made in M.C.O.P.No.191 of 2013 on the file of the Motor Accidents Claims

Tribunal, II Additional District Judge, Tirupur.

For Appellant

:

Mr. C.Paranthaman

For R1 & R2

:

Mr. Ma. P. Thangavel

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C.M.A.No.391 of 2021

For R2

:

Name Printed

JUDGMENT

This Civil Miscellaneous Appeal has been filed by the second

respondent-Insurance Company, challenging the liability fixed on them to

pay the compensation as per the Award passed in M.C.O.P.No.191 of 2013,

dated 30.01.2018, on the file of the Motor Accidents Claims Tribunal, II

Additional District Judge, Tirupur.

2. The parties are referred to herein according to their status

and ranking before the Tribunal.

3. The case of the claimant is that on 05.01.2013 the claimant

was riding his two-wheeler namely PULSAR bearing Registration No.TN

39 V 9372 on Tirupur to Palldam Road, at about 7.45 p.m., he was reached

near Amman Hallo Block at Karaiampudur, an unknown vehicle came

parallel to the deceased vehicle and to avoid accident with the parked

vehicle namely Mahindra Nission suddenly moved on the right hand side of

the road, which resulted in sudden stop of the Transport Corporation bus

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C.M.A.No.391 of 2021

bearing Registration No.TN 38 N 1675 in the middle of the road. Due to

sudden stop of the bus, the deceased two-wheeler dashed on the rear side of

the bus and that he sustained grievous injuries and thereafter, he succumbed

to the injuries. A criminal case was also registered in Crime No.21 of 2013,

under Sections 279 and 304(A) of IPC on the file of the Palladam Police

Station. The deceased was aged about 20 years and he was a manual worker

and that the dependants of the deceased have come forward to file Claim

Petition, claiming compensation of Rs.20,00,000/- and they have also

invoked under Section 163-A of the Motor Vehicles Act for claiming

compensation against the owner and insurer of the two-wheeler, in which

the deceased was travelled and also against the Transport Corporation bus.

4. The second respondent therein who is the insurer of the

Pulsar Bike in which, the deceased was travelled has filed counter and

contended that the deceased himself is a tortfeasor, he has driven the Pulsar

Bike in rash and negligent manner and hit on the bus and sustained injuries.

Hence, the Insurance Company of the Pulasar Bike is not liable to pay the

compensation. They have also contended that there is no valid insurance

policy of the Pulsar Bike and also there is no proper licence to drive the

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C.M.A.No.391 of 2021

vehicle. Hence prays to dismiss the claim petition.

5. The third respondent-Transport Corporation Bus has filed

counter and contended that the bus was not involved in the accident and it

has been falsely implicated in this case for the purpose of claiming

compensation. On 05.01.2013, the Transport Corporation Bus bearing

Registration No.TN 38 N 1675 was plied between Kinathukadavu to

Tirupur route at about 7.40 p.m., the vehicle was reached near Sulthanpet

which was 30 kms. away from the accident place, the bus was completed its

trip an