Advocates:
['M/S S ARUNKUMAR', '', 'M L GANESH', 'M/S S RAVIKUMAR', '', 'K VARADHA KAMARAJ', 'BATTA WITH PETITION AND', 'ENCLOSURES DUE REG R', 'NOT READY IN NOTICE REG R', 'PRIVATE NOTICE', '', 'A O S NOT FILED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07/10/2015

CAV ON 01/10/2015

CORAM

THE HONOURABLE MR.JUSTICE C.S.KARNAN

C.M.A.Nos.993 of 2015 and 364 of 2015

United India Insurance Company Limited,

No.70, NSC Bose Road,

Chennai-1.

... Appellant in

C.M.A.No.993/2015 &

Second Respondent in

C.M.A.No.364 of

2015/2nd Respondent

Vs.

1.M.Santhosh Kumar

... First respondent in

C.M.A.No.993 of 2015 &

Appellant in C.M.A.No.364 of

2015/petitioner

2.G.Raghuramaiah

... Second Respondent in

C.M.A.No.993 of 2015 &

First Respondent in

C.MA.No.364 of 2015/

I st Respondent

PRAYER in C.M.A.No.993 of 2015: Civil Miscellaneous Appeal is

filed under Section 173 of Motor Vehicles Act, 1988 against

the award and decree dated 16.09.2014 made in M.C.O.P.No.1331

of 2011, on the file of the Motor Accidents Claims Tribunal,

II Court of Small Causes, Chennai.

PRAYER in C.M.A.No.364 of 2015: Civil Miscellaneous Appeal is

filed under Section 173 of Motor Vehicles Act, to enhance the

amount awarded in M.C.O.P.No.1331 of 2011, dated 16.09.2014,

on the file of Motor Accidents Claims Tribunal, (II Small

Causes Judge), Chennai.

For Appellant

: Mr.S.Arunkumar in C.M.A.No.993 of 2015

: Mr.S.Udayabhanu

For Mr.K.Varadhakamaraj in

https://hcservices.ecourts.gov.in/hcservices/

C.M.A.No.364 of 2015

For Respondents

: Mr.S.Udayabhanu

For Mr.K.Varadhakamaraj for R1 in

C.M.A.No.993 of 2015

: Mr.S.Aunkumar for R2 in

C.M.A.No.364 of 2015

C O M M O N J U D G M E N T

The short facts of the case are as follows:-

On 03.03.2011, at about 11 p.m., when the claimant

was proceeding on his motorcycle bearing registration No.TN-

05-AA-9102, on the A.A.Road, Vyasarpadi, the motorcycle

bearing registration No.TN-04-AC-2400, coming from the

opposite direction and ridden in a negligent manner, dashed

against the claimant's motorcycle. As a result, he had

sustained injuries. Hence, the claimant had levelled a claim

petition against the owner and insurer of the motorcycle.

2. The Insurance Company had filed a counter

statement and refuted the claim petition. The Insurance

Company had submitted that the accident had been committed by

the claimant in support of which, the Police had filed the

charge sheet, wherein it is revealed that the claimant and two

others had proceeded on the claimant's motorcycle, which is

against the Motor Vehicles Act. The Insurance Company denied

the averments regarding place, date and time of accident,

nature of injuries, period of treatment, expenses incurred and

disability. Further, at the time of accident, the first

respondent's vehicle was not insured with the Insurance

Company and the rider of the motorcycle did not possess valid

driving licence. Initially, the claimant has claimed a sum of

Rs.6 lakhs and as an afterthought, he filed enhancement

petition and claimed Rs.12 lakhs. Thereafter, the claimant

had filed another enhanced claim petition and claimed a sum of

Rs.50 lakhs, as an afterthought.

3. After recording averments of both parties, the

Tribunal had framed four issues, viz.,

"(i) Whether the accident had happened due to

the rash and negligent riding of the rider of the

first respondent, who rode his motorcycle bearing

registration No.TN-04-AC-2400?

(ii) Whether the respondents are liable to pay

the compensation?

(iii) Whether the petitioner is entitled for

the compensation?

(iv) To what relief the petitioner is entitled

to?"

https://hcservices.ecourts.gov.in/hcservices/

4. On the side of the claimant, two witnesses were

examined and 10 documents were marked. On the side of the

Insurance Company, no witnesses, no documents.

5. After recording the evidence of the witnesses and

on perusing the exhibits marked by the claimant, the Tribunal

awarded a sum of Rs.24,44,500/- with interest at the rate of

7.5% per annum.

6. Not being satisfied