CMA.No.1902 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 16.06.2023

PRONOUNCED ON: 21.07.2023

CORAM

THE HON'BLE Mr.JUSTICE C.KUMARAPPAN

C.M.A.No.1902 of 2021

and

CMP.No.10260 of 2021

The Divisional Manager,

M/s.The National Insurance Company Ltd.,

Anna Salai,

Vellore, Vellore District.

... Appellant

- Vs -

1. Venkatesan

2. Mageswari

3. The Correspondent,

Sigaram Matriculation School,

Sigaram Nagar,

Chettiyappanur Village and Post,

Vaniyambadi Taluk, Vellore District.

... Respondents

Civil Miscellaneous Appeal is filed under Section 173 of the Motor

Vehicles Act 1988, praying to set aside the judgment and decree dated

16.12.2019 passed in MCOP.No.124 of 2017 by the Motor Accidents Claims

Tribunal (III Additional District Judge), Vellore @ Tirupattur.

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CMA.No.1902 of 2021

For Appellant

: Mr.J.Michael Visuvasam

For Respondents : Mr.V.Parivallal

for R1 & R2

R3-Notice served

*****

JUDGMENT

The present Civil Miscellaneous Appeal has been filed against the

judgment and decree dated 16.12.2019 passed in MCOP.No.124 of 2017 by

the Motor Accidents Claims Tribunal (III Additional District Judge), Vellore

@ Tirupattur.

2. For the sake of convenience, the parties are referred to by their

litigative status before the Tribunal.

3. Short facts, which are necessary for the disposal of this appeal are

that, the petitioners are the parents of deceased minor Dinesh. He was 10 years

old at the time of the accident and was studying in the first respondent's

school. According to the petitioners, on 24.10.2016 at about 8.30.a.m, when

the first respondent's driver driven the school bus bearing Registration No.TN

23 P 8555 in a rash and negligent manner, dashed against the deceased minor

Dinesh, while he was waiting to board the school bus. Due to the accident,

minor Dinesh succumbed to injuries. According to the petitioners, only due to

the rash and negligent driving of the first respondent's driver, the accident had

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CMA.No.1902 of 2021

taken place. Thus, they claimed a sum of Rs.20,00,000/- [Rupees Twenty

lakhs only] towards compensation.

4. The first respondent-School authority has filed a counter statement

stating that the deceased minor Dinesh suddenly crossed the road in a

negligent manner, and invited the accident. It is the submission of the first

respondent that for the death of the deceased, they have already paid a sum of

Rs.5,75,000/- [Rupees Five lakhs and seventy five thousand only]. It is also

the submission of the first respondent that the first petitioner has written a

consent letter before the panchayatars evidencing the receipt of compensation

of Rs.5,75,000/-. It is also the submission of the first respondent that since

they already paid the compensation, the instant claim petition is liable to be

dismissed.

5. The second respondent also took a defence that the minor Dinesh was

negligent. They also states that the first respondent's bus was not insured with

them and that there was no rash and negligent driving on the side of the first

respondent's driver. As such they submit that the claim of Rs.20,00,000/- is

exorbitant and without any basis.

6. Before the Tribunal, the petitioner has marked 12 documents as

Exs.P1 to P12 and examined two witnesses as PW1 & PW2. On behalf of the

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CMA.No.1902 of 2021

respondent, 7 documents were marked as Exs.R1 to R7 and three witnesses

were examined.

7. The Tribunal, after considering the pleadings, evidence and

documents on record, has ultimately arrived at a conclusion that the

respondents are liable to pay a compensation of Rs.7,32,000/- and awarded a

sum of Rs.1,57,000/- to the petitioners, over and above the amount of

Rs.5,75,000/-, which was already paid to the petitioners. Aggrieved by the

order of the learned Tribunal, the second res