Advocates:
['m/s m b gopalan', '', 'N VIJAYARAGHAVAN', 'M B RAGHAVAN']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2013

CORAM

THE HONOURABLE MR.JUSTICE S.MANIKUMAR

C.M.A.No.3400 of 2012

M.P.No.1 of 2012

The United India Insurance Co. Ltd.,

Branch Office at No.3,

Giriram Buildings, Main Road,

Gobichettipalayam.

... Appellant/3^rd Respondent

vs.

1.V.Giriprasath 1^st Respondent/Petitioner

2.A.Muthukumar

3.S.K.M.Egg Products Export (India) Ltd.,

Erode to Karur Main Road,

Cholangapalayam,

Pasur Post, Erode 638 154.

... Respondents 2 & 3/

Respondents 1 & 2

Civil Miscellaneous Appeal filed under Section 173 Motor Vehicles

Act, 1988 against the Judgment and decree, dated 25.05.2012, made in

M.C.O.P.No.86 of 2011, on the file of the Motor Accidents Claims

Tribunal, (Chief Judicial Magistrate Court), Erode.

For Appellant

: Mr.M.B.Gopalan

For 1^st respondent : Mr.R.Nalliyappan

J U D G M E N T

Being aggrieved by the award, dated 25.05.2012, made in

M.C.O.P.No.86 of 2011, on the file of the Motor Accidents Claims

Tribunal, (Chief Judicial Magistrate Court), Erode, the present

appeal has been filed.

2.

Short facts leading to the appeal are as follows:

That on 27.01.2011, about 18.30 Hours, while the

respondent/claimant was riding a Moped, bearing Registration No.TN 33

L 3731, on Solangapalayam to Palanigoundenpalayam Road, near

Kolkarar's house in Chathiram, Kilambadi Village, a Motorcycle,

bearing Registration No.TN 33 AB 7958, insured with the appellant-

Insurance Company, which came from the opposite direction, driven by

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

the 2^nd respondent herein, in a rash and negligent manner, dashed

against the TVS-50 Moped. In the result, the respondent/claimant

sustained fracture in the left arm, radius and also in occipital

bone. Plates were implanted in the left hand. He was hospitalised

for a period between 27.01.2011 and 12.02.2011 in Kovai Medical

Centre Hospital, Erode. In this regard, a case in Cr.No.23 of 2011,

has been registered against the rider of the Motorcycle, 2^nd

respondent, for the offences under Sections 279 and 337 IPC, on the

file of Malayampalayam Police Station. For pecuniary and non-

pecuniary losses, the respondent/claimant claimed compensation of

Rs.12,00,000/-.

3.

The appellant-Insurance Company has opposed the claim,

contending inter alia that it was the rider of TVS Moped, bearing

Registration No.TN 33 L 3731, was negligent in causing the accident

and hence, the Company is not liable to pay compensation. They

further submitted that the rider of the Motorcycle, bearing

Registration No.TN 33 AB 7958, did not possess a valid and effective

driving licence, at the time of accident and that therefore, for the

violation of policy condition, the insurer cannot be fastened with

the liability to pay compensation to the accident victims. Without

prejudice to the above, they also disputed the compensation, claimed

under various heads.

4.

Before the Tribunal, the respondent/claimant examined

himself as PW.1.

PW.2, is the Doctor, who examined the

respondent/claimant, with reference to medical records and PW.3, is

the cashier of KMC hospital. Ex.P1 – FIR, Ex.P2 – Observation

Mahazar, Ex.P3 – Rough Sketch, Exs.P4 and P5 – Motor Vehicles

Inspector's Report, Ex.P6 – Wound Certificate, Ex.P7 – Charge Sheet,

Exs.P8 and P9 – Medical Bills, Ex.P10 – Hospital Bill, Ex.P11 –

Discharge Summary, Ex.P12 – Driving Licence, Ex.P13 – Computer

Science Certificate issued by Bharathiyar University, Ex.P14 –

Identity Card issued by Kongu Engineering College, Ex.P15 – Statement

of Accounts for Genera Advance for the period from 01.01.2010 to

21.11.2011, Ex.P16 – Canara Bank Pass Book, Ex.P17 – Kongu

Engineering College bus receipt, Ex.P18 – Kongu Engineering College

Transfer