BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024 CORAM JUSTICE N.SESHASAYEE AND JUSTICE P.VADAMALAI C.M.A(MD)No.81 of 2019 and C.M.P(MD)No.827 of 2019 M/s. Reliance General Insurance Company through its Manager, No.6, Nungampakkam, Chennai. ... Appellant/2^nd Respondent Vs.

1.Saraswathy

2.Balaguruvamal

3.R.Prabakaran

4.R.Prasad

5.R.Satheeshkumar

6.R.Ramdevi ... Respondents 1 to 6/Petitioners

7.T.M.Venkateswaran ...7^th Respondent/1^st Respondent PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to set aside the decree and judgment of the Motor Accident Claims Tribunal/5^th Additional District and Sessions Judge, Madurai, dated

05.02.2014 made in M.C.O.P.No.1854 of 2008 and allow the appeal.

For Appellant : Mr.V.Sakthivel For R1 to R3 : Mr.C.G.Pethanaraj For R4 – R6 : No Appearance

JUDGMENT

(Judgment of the Court was delivered by P.VADAMALAI, J.)

This Civil Miscellaneous Appeal is preferred against the Award dated 05.02.2014 passed in M.C.O.P.No.1854 of 2008 by the Motor Accident Claims Tribunal/V Additional District Judge, Madurai.

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2.The 2 respondent in M.C.O.P.No.1854 of 2008 is the appellant herein.

3. The respondents 1 to 6 herein are the petitioners/claimants, who th filed the claim petition in M.C.O.P.No.1854 of 2008. The 7 respondent st herein is the 1 respondent in the claim petition.

4. For the sake of convenience, the parties arrayed in M.C.O.P.No.

1854 of 2008 are adopted hereunder.

5.The brief facts of the case:

On 14.04.2008 at about 13.45 hours while the deceased Ramaraj was standing in Checkanoorani bus stand for proceeding to Valandur, at that st time, the 1 respondent’s bus bearing registration number TN 59 AE 5771 was driven by its driver in a rash and negligent manner dashed against the deceased Ramaraj. Due to impact, the deceased was sustained severe injuries in his both legs and all over the body. The deceased was admitted in Appollo Hospital, Madurai where he took treatment as inpatient from 14.04.2008 to 26.06.2008 and thereafter, he took treatment at City Hospital, Dindigul from 26.06.2008 to 22.07.2008. Despite treatment the deceased died on 22.07.2008 due to accidental injuries. At the time of accident, the deceased Ramaraj was working as head Constable in SB CID and was earning Rs.12,650/- p.m. The petitioners being wife, children and mother of the deceased are depending solely on his income. F.I.R. was registered st against the driver of the 1 respondent’s bus. The offending bus was owned st nd by the 1 respondent and insured with the 2 respondent. Hence, the petitioners, who are dependants of the deceased Ramaraj, filed the claim petition seeking compensation of Rs.30,00,000/-.

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6. The 1 respondent filed counter statement stating that the bus nd bearing registration number TN 59 AE 5771 was insured with the 2 nd respondent at the time of accident, and hence, the 2 respondent/Insurance Company is liable to pay compensation.

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7. The 2 respondent/Insurance Company objected that the driver st of the 1 respondent bus was not possessing any valid driving licence and st thereby, the 1 respondent violated the policy condition. Further, the st petitioners have to prove that the 1 respondent’s bus was insured with the nd nd

2 respondent. Since there is a policy violation, the 2 respondent is not liable to pay any compensation.

8. Before the Tribunal both side adduced oral and documentary evidence. Petitioners examined four witnesses as P.W.1 to P.W.4 and marked 14 documents as Ex.P.1 to Ex.P.14. On the side of the respondents, R.W.1 was examined and Ex.R.1 was marked. After hearing both and after considering the evidences, the Tribunal has held that the accident happened st due to rash and negligent driving of the driver of the 1 respondent’s bus and awarded compensation of Rs.30,00,000/- to the petitioners with interest nd and cost and directed the 2 respondent to pay the award amount.

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9. Aggrieved by the said award, the 2 respondent has preferred this Civil Miscellaneous Appeal