C.M.A.No.3638 of 2019

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

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C.M.A.No.3638 of 2019

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

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C.M.A.No.3638 of 2019

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

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C.M.A.No.3638 of 2019

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 t