BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2025 CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA C.M.A(MD)No.908 of 2023 and C.M.P(MD)No.12933 of 2023 The Oriental Insurance Company Limited, Represented through its Branch Manager, Door No.6, D.P.Mills Road, Sanjeevinathapuram, Rajapalayam, Virudhunagar District. ... Appellant/4^th Respondent -vs-

1.Vijaya ...1^st Respondent/Petitioner

2.Murugan ...2^nd Respondent/1^st Respondent 3.S.Sri Ramulu ...3^rd Respondent/2^nd Respondent 4.M.Rajesh ...4^th Respondent/3^rd Respondent

5.Tamil Nadu State Transport Corporation, Madurai Limited, Dindigul Region, Represented through its Managing Director, Bye Pass Road, Collectorate Post, Dindigul. .... 5^th Respondent/5^th Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the judgment and decree dated 27.04.2023 passed in M.C.O.P.No.107 of 2019, on the file of the Motor Accidents Claims Tribunal/Additional District Court, Srivilliputhur, Virudhuangar District.

For Appellant : Mr.A.Ilango For R - 1 : Mr.K.Kasirasan for Mr.M.Thirunavukkarasu For R2 & R3 : Unserved For R4 & R5 : No appearance

JUDGMENT

(Judgment of the Court was delivered by G.K.ILANTHIRAIYAN, J.)

This Civil Miscellaneous Appeal has been preferred as against the award passed in M.C.O.P.No.107 of 2019, dated

27.04.2023 on the file of the Motor Accidents Claims Tribunal/Additional District Court, Srivilliputhur, Virudhuangar District.

2.The appellant is the insurer of the car owned by the second respondent herein. The first respondent is the claimant.

3.On 13.03.2016 at about 03.00 p.m., when the deceased was travelling as a pillion rider on a motorcycle driven by his friend in a TVS Heavy duty two-wheeler bearing Registration No.TN-67- AL-5478 on the Rajapalayam to Srivilliputtur Main Road from west to east, proceeding on the extreme left side of the road, the car owned by the second respondent herein and driven by the first respondent in the same direction, in a rash and negligent manner, dashed against the motorcycle. As a result, the rider as well as the pillion rider fell down on the road. At that juncture, the State Transport Corporation Bus bearing Registration No.TN-57-N-2107, owned by the fifth respondent herein, was driven by its driver from the opposite direction and ran over the rider and pillion rider of the motorcycle. Consequently, both of them died on the spot. The first respondent, being the legal representative of the deceased pillion rider, filed the claim petition.

4.In order to prove the claim, the claimant examined P.W.1 and P.W.2 and marked Exs.P1 to P11. On the side of the respondents, the fifth respondent was examined as R.W.1 and Ex.R.1.

5.On perusal of the oral and documentary evidence, the Tribunal found that the accident occurred due to the rash and negligent driving of the first respondent's car and accordingly awarded compensation. Aggrieved by the same, the insurer of the first respondent's car filed the present appeal.

6.The learned counsel appearing for the appellant submitted that though the two-wheeler and the car were proceeding in the same direction, when the rider of the two-wheeler attempted to overtake the car, he hit the rear side of the car and fell down on the right side. At that juncture, the bus which was coming from the opposite direction ran over them, causing grievous injuries which resulted in their death on the spot. It was contended that there was absolutely no negligence on the part of the second respondent while driving the car. As per the Motor Vehicle Inspection Report, the rear side of the car was damaged. He also relied upon the Motor Vehicle Inspection Report of the two-wheeler to show that its left hand side bumper and rear portion were damaged. Therefore, there was no possibility of the car hitting the motor cycle from behind. The entire negligence was on the part of the rider of the two-wheeler, who dashed against the rear