This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the judgment and decree passed in M.C.O.P.No.734 of 2014, dated 19.09.2016, on the file of the Motor Accident Claims Tribunal, II Additional District and Sessions Judge (PCR), Tirunelveli.
2. The brief facts of the case is as follows:
It is a case of fatal accident took place on 07.09.2003 at about 05.30p.m, at Kavalkinaru ? Kanyakumari main road near Thanneerpandhal Salapalayam Pirivu Road. While the deceased was travelling in a trekker bearing Registration No.T.D.T.4856 belonging to the first respondent/third respondent and insured with the second respondent/appellant Insurance Company from Pudukudieruppu to Kumbilampadu along with his relatives, the driver of the trekker drove the vehicle in a rash and negligent manner, resulting which, the vehicle was terribly jolted, due to which the deceased sustained serious head injuries. Immediately he was taken to the hospital, however he succumbed to his injuries. The deceased was aged about 19 years at the time of accident he was earning a sum of Rs.6,000/-p.m. The claimants, who are the parents of the deceased filed an application in M.C.O.P. No.734 of 2014 on the file of the Motor Accident Claims Tribunal, II Additional District and Sessions Judge, Tirunelveli, seeking compensation of Rs.10,00,000/-
4. Before the Tribunal, the respondents 1 and 2/Claimants examined two witnesses as P.Ws.1 and 2 and marked five documents as Ex.P.1 to Ex.P.5. On the side of the appellant, one witness was examined as R.W.1 and three documents were marked as Exs.R.1 to R.3.
5.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel for the learned Counsel appearing 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 driver of the offending vehicle which was insured with the appellant/ Insurance Company and directed the appellant/Insurance Company and the third respondent to pay a sum of Rs.7,62,000/-, as compensation.
6. Against which, the appellant/Insurance Company has filed this present appeal. Though the present appeal has been filed on various grounds, at the time of arguments, the learned counsel for the appellant restricts his argument only on the ground that the Insurance Policy is only an Act policy and the vehicle is a private vehicle and the deceased was a passenger in a private vehicle, which is not covered by the policy.
7. The learned counsel appearing for the appellant/Insurance Company, immediately after the accident, the insured did not intimate about the accident to the Insurance Company and he did not submit any claim form containing the accident details and vehicle and driving licence particulars to the Insurance Company and he did not submit the Motor Claim Form. Hence, he needs interference in the award passed by the Tribunal.
8. The learned counsel for the respondents 1 and 2 and/claimants would submit that based on the available oral and documentary evidences, the Tribunal has rightly come to the conclusion and arrived at correct compensation under various heads.
9. Heard the learned counsel appearing on both sides and perused the materials available on record.
10. A perusal of the award passed by the Tribunal clearly shows that the Tribunal has discussed in detail and found that though the vehicle do not cover the employee under Section 147 of the Motor Vehicles Act, the Tribunal has every power to exercise the Workmen Compensation Act to award compensation. The Tribunal also awarded the compensation under various heads, in which there is no infirmity or illegality. There is no ground made out by the appellant Insurance Company to interfere with the findings and the calculation of the Tribunal which deserves to be confirmed. However, considering the rate of interest during the relevant point of time, the interest awarded by the Tribunal at the rate of 9% p.a. is reduced to 7.5% p.a.
11. In the result, this Civil Miscellaneous Appeal is dismissed and the award dated 19.09.2016, passed in M.C.O.P.No.734 of 2014, on the file of the Motor Accident Claims Tribunal, II Additional District and Sessions Judge (PCR), Tirunelveli is confirmed. However, the rate of interest awarded by the Tribunal is reduced from 9%p.a. to 7.5%p.a. 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 their share as apportioned by the Tribunal, with accrued interests and costs without filing any formal petition before the Tribunal. No Costs. Consequently, connected Miscellaneous Petitions are closed.
To,
1.The Motor Accident Claims Tribunal, II Additional District and Sessions Judge (PCR), Tirunelveli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai..