BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025 CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN and C.M.P.(MD)No.10481 of 2025 M/s.United India Insurance Co. Ltd., Divisional Office, Promenade Road, Cantonment, Trichy, Trichy District. ... Appellant/

3^rd Respondent Vs.

1.R.Selvaraj ... 1^st Respondent/

Claimant S.David Thomas Paneerselvam (Died) ... 1^st Respondent

2.De.Jyaseeli ... Respondent/

2nd Respondent Prayer : This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, against the fair and decreetal order dated 28.04.2018 made in M.C.O.P.No.598 of 2015 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tiruchirappalli.

For Appellant : Mr.B.Rajesh Saravanan For Respondents : Mr.N.Sudhagar Nagaraj for R1

JUDGMENT

The Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award dated 28.04.2018 passed in M.C.O.P.No.598 of 2015 by the Special Subordinate Judge / Motor Accident Claims Tribunal, Tiruchirappalli.

2. The first respondent / claimant has filed a claim petition in M.C.O.P.No.598 of 2015, claiming compensation for the injuries sustained by him, in an accident that took place on 12.01.2014. The Tribunal has awarded a sum of Rs.1,88,740/- (Rupees One Lakh Eighty Eight Thousand Seven Hundred and Forty only) with interest at 7.5% per annum as compensation. Against which, the appellant / insurer has preferred this appeal.

3. A brief substance of the claim petition is as follows:

The first respondent was aged about 56 years and was working as a tailor and was earning Rs.15,000/- per month. On 12.01.2014, the first respondent as a pillion rider and one David Thomas Panneer Selvam as a rider were proceeding in a motorcycle bearing Registration No.TN-45- Y-1366 in Trichy to Chennai Bye-pass road from South to North direction near Sanjeevi Nagar opposite to ABT parcel service Trichy and at that time, the said David Thomas Panneer Selvam was riding the motorcycle in a rash and negligent manner without adhering traffic rules and dashed against the police barryguard and as a result, the first respondent sustained injuries. The first respondent was immediately taken to Atlas Hospital, Trichy. Due to the accidental injuries, he is not able to walk, stand, sit and squat. Hence, the claim petition was filed by the first respondent seeking compensation to the tune of Rs.3,00,000/-.

4. Since the rider was died, his wife added as second respondent.

The Second respondent, owner of the vehicle, remained ex-parte before the Tribunal and the claim petition was opposed by the appellant.

5. A brief substance of the counter filed by the appellant is as follows:

The age, income and occupation and the manner of the accident of the first respondent are all denied. The accident was occurred only due to the rash and negligent driving of a car driver, who attempted to overtake the two wheeler rider. No extra premium was paid by the rider of the two wheeler to the pillion rider. The claim of compensation is excessive and exorbitant.

6. On the side of the first respondent, 2 witnesses were examined as P.W.1 and P.W.2 and 8 documents were marked as Ex.P.1 to Ex.P.8. On the side of the appellant, 1 witness was examined as R.W.1 and 1 document was marked as Ex.R.1.

7. The learned trial Judge, after considering the evidence, both oral and documentary, passed the impugned award dated 28.04.2018, holding that the two wheeler rider was responsible for the accident and directed the appellant to pay the award amount of Rs.1,88,740/- to the first respondent and then to recover the same from the second respondent. Aggrieved by the said award, the appellant has come up with the present appeal.

8. The learned counsel appearing for the appellant would submit that the Tribunal failed to consider the fact that the first respondent was travelling in the two wheeler as a pillion rider, which was not covered by the insurance policy issued by the appellant and that the Tribunal ought not to have