IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.11.2023 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.M.A.No.3638 of 2019 And C.M.P.No.20885 of 2019 The Divisional Manager The United India Insurance Co. Ltd., Akshya Building, Manjukuppam, Cuddalore through United India Insurance Co. Ltd., Motor Third Party Service Hub, AR Plaza, 35-37, 45 ft. Road Extn., Balaji Nagar, Saram, Puducherry – 605 011. ... Appellant Vs.

1.Radhika

2.Minor Nithiasree

3.Minor Guruprakash

4.Minor Tamilzhselvan (Minors 2 to 4 represented by their guardian N/F mother 1^st respondent herein)

5.Bavani

6.Ravichandran ... Respondents Prayer:

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow the civil miscellaneous appeal by setting aside the order and decree dated 02.01.2017 in MACTOP No.203 of 2014 on the file of the Motor Accidents Claims Tribunal (Principal District Judge) at Cuddalore.

For Appellant : Mr.P.Sankaranarayanan For Respondents : Mr.T.Ananthasekar for R1 to R4 R5 – Not Ready Notice R6 – NA

J U D G M E N T

The second respondent Insurance Company before the Motor Accidents Claims Tribunal at Cuddalore, is the appellant herein. This appeal has been filed seeking to set aside the order dated 02.01.2017 passed by the Motor Accidents Claims Tribunal (Principal District Judge) at Cuddalore in M.C.O.P.No.203 of 2014.

2.The brief facts of the case is that on 03.03.2013 at about

12.00 hours, the deceased Vajravelu travelled as pillion rider in the Hero Honda CD Deluxe bearing Registration No.PY-01-AE-2173, owned by the sixth respondent, in Puducherry to Tindivanam bypass road, near Boys Engineering College. At that time, the rider of the motor cycle drove the vehicle in a rash and negligent manner and hit on the roadside tree, due to which, the deceased sustained grievous injuries and was taken to JIPMER Hospital, Puducherry, however, he lost his life.

3.Thereafter, the dependants of the deceased Vajravelu/

respondents 1 to 5 filed claim petition before the Motor Accidents Claims Tribunal, claiming compensation of Rs.25 Lakhs. After adjudication, the Motor Accidents Claims Tribunal awarded a sum of Rs.11,14,000/- with interest at the rate of 8% from the date of petition i.e., 02.01.2014 till the date of realization amount and directed the appellant Insurance Company to deposit the compensation amount. Aggrieved by the same, the appellant Insurance Company has filed this appeal.

4.The learned counsel appearing for the appellant submitted that the pillion rider cannot be termed as third party. Hence, the appellant is not liable to pay any compensation to the claimants. However, the claimants filed claim petition under Section 166 of the Motor Vehicles Act and the Tribunal without following any of the decisions rendered by the Hon'ble Apex Court as well as by this Court, mechanically passed the award and directed the appellant Insurance Company to pay the entire compensation, which is not sustainable one.

5.The learned counsel appearing for the appellant submitted that that the tribunal after elaborately discussing the factual aspects awarded the compensation and the amount awarded by the Tribunal is just and reasonable and hence, the impugned order warrants no interference.

6.Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondents 1 to 4 and perused the materials available on record.

7.Admittedly, on 03.03.2013 at about 12.00 hours, the deceased Vajravelu travelled as pillion rider in the motorcycle owned by the sixth respondent, in Puducherry to Tindivanam bypass road, near Boys Engineering College. At that time, the rider of the motorcycle drove the vehicle in a rash and negligent manner and hit on the roadside tree, due to which, the deceased sustained grievous injuries and was taken to hospital, however, he lost his life.

8.The dispute before this Court is whether the pillion rider can be treated as a third party and whether the claim petition can be entertained u