C.M.A.(MD)No.481 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 02.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

C.M.A.(MD)No.481 of 2023

and

C.M.P(MD)No.6114 of 2023

The Oriental Insurance Company Ltd.,

6-A First Floor, A.V.M.Building,

North Cotton Road, Thoothukudi.

...Appellant/2^nd Respondent

Vs.

1.S.Mariappan

...Respondent-1/Petitioner-1

2.M.Abinaya

...Respondent-2/Petitioner-2

3.Minor.Anusiya

...Respondent-3/Petitioner-3

4.Minor M.Marimuthu

...Respondent-4/Petitioner-4

(The minor 3^rd and 4^th respondents are

represented through their father and

next friend, first respondent herein)

5.G.Loordhu Antony

...Respondent-5/Respondent-1

PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the

Motor Vehicles Act, 1988, against the judgment dated 11.07.2022 passed in

M.C.O.P.No.331 of 2017 by the Principal District Judge-cum-Motor Vehicle

Accidents Claims Tribunal, Thoothukudi.

For Appellant

: Mr.E.Chandrasekaran

For R1 to R4

: Mr.T.Selvakumaran

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C.M.A.(MD)No.481 of 2023

JUDGMENT

Challenging the award passed by the Tribunal, the Insurance Company

has come out with the present appeal.

2.The Tribunal has passed the following award:

S.No.

Description

Amount

1.

Loss of income or loss of

Dependency

Rs.13,50,000/-

2.

Loss of Estate

Rs. 16,500/-

3.

Loss of spousal consortium to the

1^st petitioner

Rs. 44,000/-

4.

Loss of parental consortium to the

petitioners 2 to 4(Rs.44,000/-x3)

Rs. 1,32,000/-

5.

Funeral and transportation expenses Rs. 16,500/-

Total Rs.15,59,000/-

3.The only challenge is made in this appeal is that the rider of the motor-

cycle did not have a valid license at the time of the accident. Therefore, pay and

recovery ordered by the Tribunal is not valid by law. As far as the quantum of

compensation is concerned, no dispute is raised by the Insurance Company.

4.The brief facts, leading to the filing of this Civil Miscellaneous

Appeal, are as follows:-

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C.M.A.(MD)No.481 of 2023

When the deceased, who was aged about 40 years, standing on the left

side of Thoothukudi – Tiruchendur Main road on 02.08.2017, the rider of the first

respondent bike bearing Registration No.TN69BB 6160 came from south to north

in a high speed, driven his vehicle in a rash and negligent manner and dashed

against the deceased. As a result, the deceased succumbed to head injuries. A

criminal case was registered in respect of the accident. Hence, the compensation of

Rs.50,00,000/- was claimed by the claimants.

5.It is the stand of the Insurance Company that the first respondent's

rider was driven the bike in a steady and cautious manner, however, the deceased

had suddenly crossed the road and only due to the careless act of the deceased, the

accident was occurred. It is the further stand of the Insurance Company that the

first respondent's driver was not having valid and effective driving license at the

relevant point of time.

6.Before the Tribunal, on the side of the claimants/petitioners, P.W.1 and

P.W.2 were examined and Ex.P.1 to Ex.P.18 were marked. On the side of the

respondents, R.W.1 and R.W.2 were examined and Ex.X.1 and Ex.X.2 were

marked.

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C.M.A.(MD)No.481 of 2023

7.The Tribunal, after considering the evidence, found that the accident

was occurred only due to the rash and negligent rider riding of the rider of the

first respondent vehicle.

8.The only point that was urged before this Court is that the rider of the

first respondent's motorcycle did not possess valid driving license at the time of

accident. In this regard, R.W.1 and R.W.2 were examined. However, the Tribunal

has ordered pay and recovery.

9.I have heard the learned counsel appearing for the appellant and the

learned counsel appearing for the respondents and also perused the entire

materials available on reco