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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

C.M.A(MD)NO.1177 OF 2023

and

C.M.P(MD)No.15685 of 2023

Gandhi Selwyn

:Appellant/Second Respondent

.vs.

1.Fathima,minor,

represented through her mother and natural guardian

Nisha.Wife of Syed Sahul Hameed.

:Ist Respondent/Claimant

2.K.Subramanian

3.The Branch Manager,

United India Insurance Company Limited,

No.37/2, Mattappa Street,

Med Complex,

Second Floor,

Thenkasi,

Thenkasi District.

Having office at

Xavier Building,

Second Floor,

P.W.D.Road,

Nagercoil Village,

Agasteeswaram Taluk,

Kanyakumari District.

4.Syed Masudu Ozhi

5.Mariappan

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6.The Branch Manager,

United India Insurance Company Limited,

No.110C, TNHB Colony,

Thenkasi,

Thenkasi District

having Office at

Xavier Building,

Second Floor,P.W.D.Road,

Nagercoil Village,

Agasteeswaram Taluk,

Kanyakumari District.

:Respondent 2 to 6/Respondents

1 and 3 to 6.

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of

the Motor Vehicles Act,1988 against the judgment and decree made

in M.C.O.P.No.163 of 2018, dated 18.08.2022, on the file of the

Motor Accidents Claims Tribunal(Special Court -Forest Offences

Cases), Nagercoil, insofar as the appellant is concerned.

For Appellant

:Mr.A.Arumugam

JUDGMENT

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This Civil Miscellaneous Appeal is filed challenging the

compensation awarded in M.C.O.P.No.163 of 2018, dated

18.08.2022, on the file of

the Motor Accidents Claims

Tribunal(Special Court-Forest Offences Cases), Nagercoil, insofar as

the appellant is concerned.

2.The first respondent, as a claimant, filed the claim petition

seeking compensation of Rs.50,000/- for the injuries and disability

suffered in a road traffic accident on 16.08.2017. The case of the

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first respondent/claimant is that she along with her family

members were travelling in a Mahendra van bearing Registration

No.TN 36 A9697 from Tenkasi to Attankarai Pallivasal in Tenkasi-

Tirunelveli Main Road and the van is travelling from west to east

direction. At 9.15 a.m., a tipper lorry bearing Registration No. TN

76 AC 4048 had come from opposite direction in a rash and

negligent manner. In order to avoid head on collision, the Mahendra

Van Driver took a left turn and that resulted in both the vehicles

brushing against each other. As a result, the first respondent

suffered injuries on her right hand.Thus the claim petition was filed.

3.The respondents 1 and 2 filed counter stating that the

Mahendra Van was responsible for the accident.

4.In the counter filed by the respondents 3 and 6 before the

Tribunal, it was contended that the tipper lorry alone was

responsible for the accident.

5.During enquiry before the Tribunal, P.W.1 was examined and

Ex.P1 to Ex.P25 were marked. R.W.1 and R.W.2 were examined and

Ex.R1 to Ex.R3 were marked. That apart, the disability certificate

was marked as Ex.C1. On considering the oral and documentary

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evidence, the learned Tribunal found that both the drivers of the van

and lorry were 50% each responsible for the accident. Out of the

compensation of Rs.6,26,650/- awarded, the respondents 1 and 2

were directed to pay Rs.3,13,325/- and the respondents 5 and 6

were directed to pay Rs.3,13,325/-. Challenging this award,

questioning the liability on the lorry driver, the second respondent

before the Tribunal, has filed this Civil Miscellaneous Appeal.

6.The learned counsel for the appellant submitted that it is

seen from the evidence of P.W.1 that her daughter suffered injuries

on her right elbow and no other occupants of the van had been

injured in the accident. She also stated that she did not know how

the lorry came from the opposite direction and that she knew of the