C.M.A.No.879 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2023

CORAM:

The HONOURABLE MRS.JUSTICE N.MALA

C.M.A.No.879 of 2020

and CMP.No.5609 of 2020

The Divisional Manager,

United India Insurance Co., Ltd.,

Divisional Office, Durgabhavani Square,

Opp.Railway Station,

Denkanikottai Road,

Hosur 635 109. ... Appellant

vs.

1.P.Veerasamy

2.Haribabu ... Respondents

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor

Vehicles Act, 1988, against the Judgment and decree dated 04.06.2019

made in M.C.O.P.No.255 of 2018 on the file of the Motor Accident

Claims Tribunal, ( Additional District Judge) Hosur.

For Appellant

: Mr.D.Bhaskaran

For R1 : M/s.Mukund R.Pandiyan

For R2 : No Appearance

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C.M.A.No.879 of 2020

JUDGMENT

The Civil Miscellaneous Appeal is filed to set aside the Decree

and Judgment dated 04.06.2019 made in M.C.O.P.No.255 of 2018, on the

file of the Motor Accident Claims Tribunal ( Additional District Judge)

Hosur.

2. The said appeal is filed by the Insurance company

challenging the negligence as well as the quantum of compensation. The

parties will be referred to as per their ranking in the claim petition. For

the sake of convenience, the Appellant Insurance Company shall

hereinafter be referred to as “ The Appellant” and the 1^st Respondent who

was the Claimant before the Claims Tribunal be referred to as the “

Claimant” and the 2^nd respondent as 2^nd respondent.

3. The claim petition was filed under Section 166 of the Motor

Vehicles Act, claiming a sum of Rs.25,00,000/- as compensation. The

claimant sustained injuries in a motor vehicle accident which occurred on

21.09.2015. As per the averments made in the claim petition, when the

claimant was travelling as a pillion rider in Hero Splendor Plus motorcycle

bearing Registration No.TN.70-H-5793 belonging to the second

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C.M.A.No.879 of 2020

respondent on 21.09.2015, the motorcycle ridden by the 2^nd respondent in

a rash and negligent manner was hit by an unknown tempo vehicle.

Consequently, the 2^nd Respondent rider lost control of the motorcycle and

both the Claimant and the 2^nd Respondent fell down and sustained injuries.

4. According to the claimant, he was a street vendor and

earning a sum of Rs.15,000/- per month by selling snacks on a push cart

by the road side. He was maintaining his family with the sum thus

earned. However, due to the accident he sustained injuries and suffered

disability that impaired his work and earning capacity. Therefore, the

claimant filed the claim petition claiming a sum of Rs.25,00,000/- as

compensation for the injuries sustained by him in the motor accident.

5. The 2^nd respondent remained ex parte before the Tribunal.

The claim was contested by the appellant herein who filed a detailed

counter disputing the nature of the accident, negligence, liability and

quantum.

6. Before the Claims Tribunal, the claimant examined himself as

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C.M.A.No.879 of 2020

PW1 and Exs.P1 to P10 were marked. On the other hand, on behalf of

the appellant herein one witness was examined as R.W.1 and Exs.R1 to

R5 were marked.

7. The Claims Tribunal, on perusal of pleadings and thorough

Appraisal of the evidence adduced on record, awarded a sum of

Rs.9,82,498/- as compensation along with interest at the rate of 7.5% p.a.

to the claimant for the injuries sustained by him in the accident.

Aggrieved by the award of the Tribunal, the above appeal has been filed

by the Appellant insurance company.

8. The learned counsel for the Appellant submitted that the

Claims Tribunal failed to adjudicat