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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON

16.11.2021

DELIVERED ON

01.12.2021

CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI

C.M.A.(MD).No. 12 of 2016

and

C.M.P.No.154 of 2016

The National Insurance

Company Limited, Karaikudi,

through its Branch Manager.

...Appellant/2^nd Respondent

Vs.

1.Asari

...R-1/Petitioner

2.M.Veerapandi

...R-2/1^st Respondent

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor

Vehicles Act, 1988, to set aside the Judgment and Decree in

M.C.O.P.NO.452 of 2009, dated 19.06.2015 on the file of the learned

Motor Accident Claims Tribunal, Principal Subordinate Court,

Tirunelveli, allow the appeal with Costs.

For Appellant :Mr.J.S.Murali

For R-1

:Mr.M.Sarangan

For R-2

:No appearance

ORDER

This Civil Miscellaneous Appeal has been filed to set aside the

Judgment and Decree, dated 19.06.2015 in M.C.O.P.NO.452 of 2009,

passed by the learned Motor Accident Claims Tribunal, Principal

Subordinate Court, Tirunelveli.

2.It is a case of accident, which took place on 06.06.2009,

morning at 09.15 a.m., the claimant was riding his two wheeler

Yamaha Motor Cycle bearing Registration No.TN-58-L-9992 with his

daughter who is a pillion rider from west to east, near Chenaiyar

kovil, Madurai Nagar, Railway Colony, a two wheeler bearing

Registration No.TN-63-S-4219 belongs to the 2^nd respondent herein was

riding with rash and negligent manner and dashed against the

claimant's vehicle. Due to the said accident, the claimant has

caused injuries on body.

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

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3.The claimant has filed a petition in M.C.O.P. No.452 of 2009

on the file of the learned Motor Accident Claims Tribunal, Principal

Subordinate Court, Tirunelveli, seeking compensation.

4.Before the Tribunal, on the side of the claimant two

witnesses were examined as P.Ws.1 & 2 and marked nine documents as

Exs.P.1 to P.9. One witness was examined as R.W.1 and marked Ex.R.1

to R.3.

5.The Tribunal, after considering the pleadings, oral and

documentary evidences and the arguments of the counsel for the

claimant and the insurance company and also on appreciating the

evidences on record, held that the accident occurred only, due to

the rash and negligent driving of the lorry driver of the 2^nd

respondent herein and directed the appellant/insurance company to

pay a sum of Rs.1,05,780/-as compensation.

6.The appellant/insurance company has filed this present appeal

against the award passed by the tribunal.

7. Heard on either side. Perused the material documents

available on record.

8. The 1^st respondent/claimant has filed M.C.O.P.No.452 of 2009

to claim compensation for the injuries occurred by an accident,

dated 06.06.2009. The tribunal has awarded a sum of Rs.1,05,780/-as

compensation with 9% interest from the date of petition except for

the period from 24.08.2011 to 10.07.2012 and 05.09.2012 to

03.07.2014.

9.Aggrieved by the

aforesaid order, the appellant

herein/insurance company has filed this Civil Miscellaneous Appeal

on the ground that the First Information Report was registered after

5 days from the date of accident and also the First Information

Report was closed as 'mistake of fact'. So, the tribunal ought to

have consider these aspects and dismissed the claim petition.

10.The First Information Report was registered after 5 days and

the same was closed as 'mistake of fact'. Admittedly, objection

petition was also filed and the same is pending. Further, the wound

certificate was marked as Ex.P.5. The claimant was admitted in

hospital on 06.06.2009 and treated as inpatient for fracture. X-

Rays and medical bills were also produced. The insurance company

has not objected the documents.

11.The paragraph No.5 of the Judgment in the case of United

India Insurance Company Limited V. K