C.M.A.(MD)No.474 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 15.09.2023

Pronounced on : 24.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

C.M.A.(MD)No.474 of 2020

and

C.M.P.(MD)No.5275 of 2020

Divisional Manager,

M/s.National Insurance Co. Ltd.,

No.3, North Veli Street,

Madurai District.

... Appellant/

2^nd Respondent

Vs.

1. A.Muthukumar

... 1^st Respondent/

Petitioner

2. S.Ibramsha

... 2^nd Respondent/

Respondent No.1

Prayer : This Civil Miscellaneous Appeal filed under Section 173 of the

Motor Vehicles Act, to set aside the judgment and decree passed by the

Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Madurai,

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C.M.A.(MD)No.474 of 2020

made in M.C.O.P.No.631 of 2014 dated 16.11.2017 and allow this appeal

with costs.

For Appellant

: Mr.R.Rajamani

For R1

: Mr.A.Anbalakan

For R2

: No appearance

JUDGMENT

The Civil Miscellaneous Appeal is directed against the award

passed in M.C.O.P.No.631 of 2014 dated 16.11.2017 on the file of the

Motor Accident Claims Tribunal/Chief Judicial Magistrate Court,

Madurai.

2. The appellant/insurer, who was made liable to pay compensation

of Rs.5,75,315/- (Rupees Five Lakhs Seventy Five Thousand Three

Hundred and Fifteen only) with interest at 7.5% per annum to the first

respondent/claimant for the disability suffered by him, consequent to an

accident occurred on 05.11.2013, challenged the liability mulcted on it and

also the quantum of compensation awarded at, by the Tribunal.

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C.M.A.(MD)No.474 of 2020

For the sake of convenience and brevity, the parties herein after will

be referred to as per their status/ranking in the Tribunal.

3. The case of the claimant is that on 05.11.2013 at about

05.00 p.m., while the claimant was proceeding towards his home in his

TVS XL bearing Registration No.TN-58-AB-3523 after purchasing

vegetables for his business from Central Market near Vilankudi, Kovil

Pappakudi Railway Gate in Madurai – Dindigul main road, one two

wheeler Passion Pro bearing Registration No.TN-64-F-1786, which came

from the opposite direction with uncontrollable speed and rash and

negligent manner, dashed against the claimant and as a result of which, the

claimant sustained head injury and other multiple injuries all over his

body, that the claimant was immediately taken to Vadamalayan Hospital,

Madurai for treatment and that the accident was occurred only due to the

rash and negligent riding of the Passion Pro two wheeler rider.

4. It is the further case of the claimant that he was aged 35 years at

the time of accident, that he was hale and healthy and that he was running

a grocery and fancy store at V.Karisalkulam, Madurai and was earning

Rs.20,000/- per month.

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C.M.A.(MD)No.474 of 2020

5. The defence of the second respondent is that the claimant has also

contributed to the accident by his negligence and that therefore, the

claimant is not entitled to get compensation.

6. During trial, the claimant has examined himself as P.W.1 and

examined the Record Officer attached to Vadamalayan Hospital, Madurai

as P.W.2 and exhibited 8 documents as Ex.P.1 to Ex.P.8 and one witness

document as Ex.X.1. The first respondent had remained ex parte. The

second respondent has adduced neither oral nor documentary evidence.

7. The learned trial Judge, upon considering the evidence both oral

and documentary and on hearing the arguments of both the sides, has

passed the impugned order dated 16.11.2017 holding that the accident was

occurred only due to the rash and negligent riding of the Passion Pro two

wheeler rider, mulcted liability on the second respondent and directed

them to pay compensation of Rs.5,75,315/- with interest and costs.

Aggrieved by the impugned