BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 11.08.2023 Pronounced On : 24.11.2023 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.M.A(MD)No.1465 of 2011 and MP(MD)No.1 of 2011 M/s.National Insurance co.Ltd., Branch No.II, rep by its No.175-A Great Cotton Road, Thoothukudi 628 001. : Appellant / 2^nd Respondent Vs.

1.G.Kanagaraj

2.Minor.Gnanaroopan

3.Minor.Logesh : Respondents/Petitioners

4.A.Santhanamari

5.Tamil Nadu State Transport Corporation, (Madurai Division No.ii) Limited, through its Tirunelveli Region, by its Regional Manager having officer at Palayamkottai, Tirunelveli.

: Respondents/Respondents 1 & 3 PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the fair and decreetal order, dated 28.10.2010 made in M.C.O.P.No.238 of 2009 on the file of the Motor Accident Claims Tribunal (Additional District Judge/Fast Tract Court No.I) Thoothukudi.

For Appellant : Mr.S.Srinivasa Raghavan For Respondent : Mr.D.Srinivasa Raghavan, for R1 to R3.

: Mr.M.Prakash, for R5.

J U D G M E N T

The Civil Miscellaneous Appeal is directed against the order passed in M.C.O.P.No.238 of 2009, dated 28.10.2010 on the file of the Motor Accident claims Tribunal/Additional District Court (Fast Track Mahila Court No.I, Thoothukudi.

2.The Appellant/Insurer, who was made liable to pay compensation of Rs.4,61,500/- with interest at 7.5% per annum to the respondents 1 to 3 /claimants for the death of Selvalakshmi, consequent to an accident occurred on 03.01.2009, challenged the liability mulcted on it.

3. For the sake of convenience and brevity, the parties herein-after will be referred as per their status/ranking in the Tribunal.

4. The case of the claimants is that on 03.01.2009, the first claimant was riding his two wheeler TVS Champ bearing Reg.No.TN-69- B-9580, with his deceased wife as pillion rider, on the extreme left side of the road and at about 10.00 hours, when the first claimant was proceeding in the main road near Esakkiamman koil near Bank Colony vilakku, a Indica car bearing Reg.No.TN-69-L-2043 belonging to the fourth respondent was parked on the same road in front of the said Esakkiamman koil and its driver suddenly without any signal opened the door and as a result of which, the car door had hit against the two wheeler; that the first claimant's wife Selvalakshmi fell down and at that time, the third respondent bus driver without noticing the road had driven the vehicle in a rash and negligent manner and dashed against the deceased ; that the deceased sustained grievous injuries all over her body and immediately, she was taken to Thoothukudi Medical College Hospital and that despite treatment, she succumbed to the injuries on that date itself and that therefore, the appellant/second respondent and the respondents 4 and 5 are liable to pay compensation.

5. It is the further case of the claimants that the deceased Selvalakshmi was aged 30 years at the time of accident and she was hale and healthy; that she was working as the President of self help group and was doing ready-made garments business and that she was earning Rs.6,000/- per month.

6. The defence of the second respondent is that the first respondent's car was parked on the extreme left side of the road in front of Esakkiamman koil and the driver of the car opened the front door for worshipping in the said kovil; that the rider of the two wheeler without noticing the opening of the front door, dashed on the door and fell down on the road, that there is no rash and negligence on the part of the car driver and the rider of the two wheeler alone, dashed against the parked first respondent's vehicle; that the third respondent bus had hit against the deceased and consequently, she died due to grievous injuries sustained by her and that therefore, the third respondent is liable to pay compensation.

7. The defence of the third respondent is that the accident was occurred only due to the negligence on the part of the first respondent's