BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON: 25.06.2025 PRONOUNCED ON:04.09.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.M.A(MD)No.862 of 2023 The Divisional Manager, The Oriental Insurance Company Limited, No.39/40, Saratha Shopping Complex, Simmakkal, Madurai. : Appellant/2^nd Respondent Vs.

1.Manjula :1^st Respondent /1^st Petitioner 2.Mahendran : 2^nd Respondent/2^nd Petitioner 3.Jeyaveerapandiyan : 3^rd Respondent/3^rd Petitioner

4.Sivanandi : 4^th Respondent/1^st Respondent PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 18.07.2022 made in M.C.O.P.No.367 of 2017, on the file of the learned Special Court for MCOP Cases, Madurai.

For Appellant : Mr.A.Ilango For Respondents :Mr.J.Senthil Kumaraiah for R.1 to R.3 : R.4 – name printed vide order dated 03.06.2025

JUDGMENT

This Civil Miscellaneous Appeal is directed against the award made in M.C.O.P.No.367 of 2017, dated 18.07.2022, on the file of the Motor Accident Claims Tribunal / Special District Court to deal with MCOP Cases, Madurai.

2. The appellant/Insurer who was mulcted with the liability to pay compensation of Rs.9,43,598/- with interest at 7.5% per annum to the respondents 1 to 3/claimants and then to recover the same from the fourth respondent for the death of Mayandi, consequent to an accident occurred on 11.06.2015, challenged the liability fastened on it and also the consequent application of the doctrine of pay and recovery.

3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking before the trial Court.

4. Admittedly, the first claimant is the wife and the claimants 2 and

3 are the sons of the deceased Mayandi. The case of the claimants is that on 11.06.2015 at about 12.30p.m., the deceased Mayandi went to Annamparipatti Bank and while returning, he was waiting near M.S.Vishali Mahal, on the left side of the road for crossing the road and at that time, a two wheeler bearing Registration No.TN-58-AJ-8821, which came in the same direction in a rash and negligent manner had dashed against the said Mayandi and as a result of which, he sustained serious injuries all over his body, that the injured was immediately taken to Usilampatti Government Hospital and after the first aid treatment, was taken to Aristo Hospital, Madurai and despite treatment, he succumbed to injuries on 27.06.2015 and that the accident was occurred only due to the rash and negligent driving of the two wheeler rider.

5. The defence of the second respondent is that the first respondent – owner of the two wheeler allowed his son Sivamani who was then a minor to ride the two wheeler, that the said Sivamani, without driving licence had ridden the two wheeler and caused the accident, that the first respondent by allowing his own minor son, who has no valid licence, to drive the vehicle, has violated the conditions of the insurance policy and that therefore, the second respondent is not liable for the same.

6. During enquiry, the claimants examined the first claimant –

Manjula as P.W.1 and one Muthumani alleged to be the occurrence witness as P.W.2 and exhibited 14 documents as Exs.P.1 to P.14. The first respondent had remained exparte. The second respondent examined one Ashok Kumar as R.W.1 and exhibited three documents as Exs.R.1 to R.3. The learned trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both sides, passed the impugned order dated 18.07.2022 holding that the accident was occurred only due to the rash and negligent driving of the two wheeler rider and by holding that the two wheeler rider was not possessing valid driving licence at the time of accident, directed the second respondent to pay compensation of Rs.9,43,568/- with interest and costs and then to recover the same from the first respondent – owner of the vehicle. Challenging the impugned order, the present Civil Miscellaneous Appeal came to be filed.

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