BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved 28/10/2025 Date of Pronounced 25/11/2025 CORAM The Hon'ble Ms.Justice R.POORNIMA CMA(MD)Nos.1113 & 1114 of 2013 (1) CMA(MD)No.1113 of 2013 :-

The Branch Manager, Iffco Tokyo General Insurance Company Ltd., Sakthikanth Nadar, Ponmayni, Madurai. : Appellant/2^nd Respondent Vs.

1.S.Mariappan ... 1^st Respondent/ Petitioner

2.A.Arokiam ... 2^nd Respondent/ 1^st Respondent PRAYER :- Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order and decretal order dated 28/02/2011 passed in MCOP No.49 of 2007 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dindigul.

For Appellant : Mr.V.Sakthivel For Respondents : Mr.A.Hariharan–for R1 (no appearance)

ex parte – R2 The Branch Manager, Iffco Tokyo General Insurance Company Ltd., Sakthikanth Nadar, Ponmayni, Madurai. : Appellant/2^nd Respondent Vs.

1.Paulpandi ... 1^st Respondent/ Petitioner

2.A.Arokiam ... 2^nd Respondent/ 1^st Respondent PRAYER :- Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order and decretal order dated 28/02/2011 passed in MCOP No.75 of 2007 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dindigul.

For Appellant : Mr.V.Sakthivel For Respondents : Mr.A.Hariharan–for R1 (no appearance)

ex parte – R2

COMMON JUDGMENT

Since both the Civil Miscellaneous Appeals arise out of the common award, dated 28.02.2011 made in MCOP Nos.49 & 75 of 2007 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dindigul, they are taken up together for final disposal and disposed of by a common judgment.

2. For the sake of convenience, the parties are referred to according to their litigative status before the Tribunal.

3.These Civil Miscellaneous Appeals are preferred seeking to set aside the common order and decretal order, dated 28.02.2011 made in MCOP Nos.49 & 75 of 2007 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dindigul.

4.The facts in brief:-

(i) On 14.12.2006, during the early hours, the petitioners travelled as owners of the goods viz., flowers in a Mini door Auto bearing Registration No.TN 57 F 1595 in Madurai-Dindigul Main road. When the Auto was nearing the Vellode Kallarai Thottam road, the driver of the vehicle drove the vehicle in a rash and negligent manner, as a result the said auto was overturned. In the accident both the petitioners sustained grievous injuries including fractures. They were immediately taken to City Hospital, where they were admitted as inpatient and underwent treatment for their injuries. Surgery was performed and plates were implanted. The accidental injuries have resulted in permanent disability to both of them and reducing their earning capacity. (ii) In this connection, Ambathurai Police registered a case against the driver of the 1^st respondent and conducted an investigation. The Mini door Auto belongs to the 1^st respondent and is insured with the 2^nd respondent. The petitioners in M.C.O.P.No.49 of 2007 and M.C.O.P.No.75 of 2007 claims a sum of Rs.2,00,000/- each as compensation.

5. The claim was resisted by the Insurance Company disputing the manner of the accident and its liability to pay compensation. According to the insurance company, the vehicle involved in the accident is a goods-carrying vehicle and is intended solely for the purpose of carrying goods alone. The injured persons were unauthorised and were travelling gratuitously in the Mini door auto. Further, more than the permitted number of persons were travelling in the goods Auto at the time of the accident and thereby, violating the terms of the insurance policy and permit conditions. Hence, the respondent is not liable to pay any compensation to the petitioners and therefore, prayed to dismiss the petition with costs.

6. Before the Tribunal, on the side of the claimants, 4 witnesses were examined and 11 documents marked.