This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the award made in M.C.O.P. No.39 of 2008 dated 22.04.2010, on the file of the Motor Accident Claims Tribunal-cum- Subordinate Judge, Valliyur.
2. It is a case of injury sustained by the claimant in the accident, which took place on 27.10.2007, at about 05.00 p.m., Villukkuri - Thottiyodu Main Road at Villukkuri. While the injured was riding his BAJAJ M- 80 motorcycle bearing Registration No.TN-74-OM 3002, Mahendra Nissan Van, bearing Registration No. TN-72-Z 5388, which is insured with the Insurance Company came in a rash and negligent manner and dashed against him. Due to the said impact, the injured claimant was thrown away and he sustained multiple grievous injuries all over the body.
3. The claimant filed an application in M.C.O.P.No.39 of 2008 on the file of the Motor Accident Claims Tribunal-cum- Subordinate Judge, Valliyur, seeking compensation.
4. Before the Tribunal, on the side of the claimant, one witness as P.W.1 was examined and twelve documents as Ex.P.1 to Ex.P.12 were marked. On the side of the Insurance Company, two witnesses were examined as R.W.1 and R.W.2 and three documents as Exs.R.1 to R.3 were marked.
5.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record, held that the accident occurred only due to the rash and negligent driving of the rider of the vehicle, which was insured with the appellant/Insurance Company and held that the appellant and the second respondent are jointly and severally liable to pay the compensation.
6. Against which, the appellant/Insurance Company has filed this present appeal on the ground of violation of policy condition.
7.This Court heard the submissions made by the learned counsel for the appellant/Insurance Company and perused the materials available on record.
8. In Paragraph No.10 of the award, the Tribunal has given a finding as follows:
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9. From the above, it is clear that the Tribunal has discussed in detail and found that the vehicle of the first respondent, which is insured with the appellant/Insurance company has not established that there is violation of policy condition and the vehicle, which is insured with the Appellant is cause for the accident and therefore, the Insurance Company is liable to pay compensation. Therefore, there is no infirmity in the award passed by the Tribunal and the same does not require interference at the hands of this Court.
10. In the result, this Civil Miscellaneous Appeal is dismissed and the award dated 22.04.2010 passed in M.C.O.P.No.39 of 2008 on the file of the Motor Accident Claims Tribunal Subordinate Judge, Valliyur, is hereby confirmed. The appellant/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of four weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the claimants are permitted to withdraw his share with proportionate interests and costs. No Costs. Consequently, connected Miscellaneous Petition is closed.
To, The Subordinate Judge, Motor Accident Claims Tribunal, Valliyur.
Copy to, The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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