BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.11.2025 CORAM:

THE HONOURABLE MS.JUSTICE R.POORNIMA C.M.A.(MD)No.508 of 2014 and M.P.(MD)No.1 of 2014 The Branch Manager, National Insurance Company Ltd., Nagercoil. ... Appellant/ 4^th Respondent Vs.

1.P.Elango Prabhu ...1^st Respondent / Petitioner

2.C.Suresh ...2^nd Respondent/1^st respondent

3.M/s.Lakshmi Enterprises, 158, Palamor Road, Nagercoil, Kanyakumari District. ...3^rd Respondent/ 2^nd Respondent

4.The Branch Manager, New India Assurance Company Ltd., Nagercoil. (given up) ...4^th Respondent/ 3^rd Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the fair and decretal order dated 01.04.2009 made in M.C.O.P.No.116 of 2005 on the file of the I Additional Subordinate Court, Motor Accident Claims Tribunal, Nagercoil, and allow this Civil Miscellaneous Appeal.

For Appellant : Mr.N.Murugesan For Respondents : Mr.T.Selvakumaran – for R1 No appearance – for R3 & R4 Dispensed with – R2

JUDGMENT

The appellant/4^th respondent Insurance company has filed this Civil Miscellaneous Appeal against the fair and decretal order dated 01.04.2009 made in M.C.O.P.No.116 of 2005 by the I Additional Subordinate Court, Motor Accident Claims Tribunal, Nagercoil, 2.The brief case of the claimant is as follows:-

(i) On 11.03.2003 at about 04.30 p.m., while the petitioner was returning in his motorcycle bearing Registration No.TN 74 D 7554 while when he reached at Monday market in front of Chockalingam Nadar's shop, the 1^st respondent who was driving an auto bearing Registration No.TN 74 A 9290 in a rash and negligent manner without observing traffic rules and regulations dashed against the petitioner's vehicle. As a result of which, the petitioner sustained grievous injury on his right leg, and was admitted in Krishnakumar Hospital, Parvathipuram where he underwent treatment.

(ii) In this connection, Eraniel Police Station registered a case in crime No.148/2003 and conducted an investigation. The petitioner has claimed a sum of Rs.3,00,000/- towards compensation amount.

3. According to the 1^st and 2^nd respondents, since the vehicle was insured with National Insurance Company, if any compensation is awarded, is liable to be paid by the said insurance company alone. Therefore, they seek to implead the insurer. The New India Assurance Company Limited has been unnecessarily impleaded as a party to the proceedings.

4. The third respondent Insurance company also denied the claim by stating that no liability can be fastened on the third respondent as the auto was not insured with him. Hence, prayed for dismissal of the petition.

5. The fourth respondent Insurance company repudiated the claim contending that the petitioner is liable to prove the existence of valid and effective insurance policy in respect of the vehicle bearing Registration No.TN 74 A 9290 as on the time of accident. It is further contended that the policy stood in the name of M/s.Lavanya Sanitary Centre, whereas the RC stood in the name of M/s.Sri Lakshmi Enterprises. This respondent has also contended that the petitioner himself is the sole cause for the accident and that the accident was not reported due to violation of the policy condition, Therefore, they denied its liability to pay any compensation.

6. During trial, on the side of the petitioner, P.W.1 and P.W.2 were examined and Exs.P1 to P10 were marked. On the side of the respondents, R.W.1 and R.W.2 were examined and Exs.R1 to R4 were marked.

7.After hearing the parties and perusing the records, the Tribunal fixed the liability on the respondents 1, 2 and 4 awarded a total sum of Rs.1,29,788/- as compensation to the claimant.

8. Aggrieved by the said order, the present Civil Miscellaneous Appeal has been filed by the appellant who is the 4^th respondent insurance company before the Tribunal against the liability fixed on them, with the following among other grounds:-

(i) That the Tribunal is bound to consider that a person hold