This Civil Miscellaneous Appeal has been filed by the Appellant/Oriental Insurance Company raising various grounds against the Judgment and Decree made in M.C.O.P.No.1532 of 2005, dated 04.06.2007 on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirappali.
2. The case of the claimants is that on 06.02.2005 at about 19 hours, the deceased Irban was riding his bicycle on the extreme left side of the Lalkudi-Trichy Main Road towards East to Western direction near Mazhavarayar Chatram, Irattai Kumil Vaikkal; at that time, a bus bearing Reg.No.TN-45-AB- 2167 belonging to the third respondent/first respondent came in the opposite direction, driven by its driver in a rash and negligent manner, and dashed against the rider of the motor cycle and due to which, the deceased was thrown out from his bicycle and sustained multiple grievous injuries; Immediately, he was shifted to Government Head Quarters Hospital, Trichy where he was admitted as an inpatient; In spite of giving medical treatment, unfortunately, he died on 07.02.2005. Postmortem was conducted by the duty Medical Officer, Government Head Quarters Hospital, Trichy and a criminal case was also registered in Crime No.87 of 2005 under
Section 304(A) I.P.C., by Samayapuram Police. At the time of the accident, the deceased was aged only 15 years and studying 10th Standard in Government High School, Keela Valadi. The claimants were depending on him for their future life and hence, they filed a claim petition in M.C.O.P.No.1532 of 2005, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirappali, claiming a sum of Rs.5,00,000/- as compensation.
3.The appellant/Oriental Insurance Company Limited, filed a counter affidavit and denied all the averments stated in the claim petition. They submitted that the third respondent/first respondent, owner of the bus bearing Reg.No.TN-45-AB-2167, did not give any details regarding the accident happened on 06.02.2005 and they could not ascertain the policy coverage of the vehicle and could not verify other particulars of the bus and driving licence of the driver, who drove the vehicle at the time of accident. Hence appellant/second respondent denied its liability in total stating that the third respondent/first respondent was not holding valid policy coverage. The appellant/Insurance Company further stated that even if any fault is found out on the part of the driver of the bus, theory of composite negligence is to be applied for calculating the loss happened to the claimants. The claimants are not dependents of the deceased and other family members were not shown by the claimants in the petition. The third respondent/first respondent failed to inform the details of the accident to the appellant/second respondent and remained ex-parte, which would show that the appellant/second respondent will automatically become entitled to take available defences under
Section 170 of M.V.Act.
4.Before the Tribunal, on the side of the claimants, two witnesses were examined as P.W.1- and P.W.2 and three documents viz., Exs.P.1 to P.3 were marked and on the side of the respondents, neither any witness was examined nor any document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the learned counsel appearing on either side and also appreciating the evidence available on record, awarded a sum of Rs.4,00,000/- as compensation.
6.Against the award, the appellant/Oriental Insurance Company has filed the present appeal.
7.Heard the learned counsel appearing for the appellant/Oriental Insurance Company and perused the materials available on record.
8.The learned counsel appearing for the appellant/Oriental Insurance Company submitted that the accident has occurred only due to the negligence on the part of the deceased and the Tribunal ought not to have fixed the liability on the appellant. The Tribunal failed to see that the deceased was only 15 years of age at the time of accident and a student of 10th standard and ought not to have awarded a huge sum of Rs.4,00,000/- without any basis in the absence of documents and without assigning any reasons with regard to the prospects of the deceased.
9.P.W.2-Kadher Hussain, Eye-witness had deposed that on 06.02.2005 at about 19 hours, he was a rider along with his nephew (deceased) in a bicycle and got down near Lalkudi Road, Mazhavarayar Chatram, Irattai Kumil Vaikkal. Then the deceased was riding his bicycle on the extreme left side of the western direction of the road and at that time, the driver of the bus bearing Reg.No.TN-45-AB-2167 drove the bus in a rash and negligent manner, overtook a car and came in the wrong side and dashed against the cyclist.
10.The F.I.R.-Ex.P1 would reveal the manner of accident, which was corroborated by the evidence of P.W.2. The driver was not examined as witness, but he accepted and admitted his crime and also paid fine amount before the learned Judicial Magistrate Court, which is revealed from Ex.P.3. The appellant/ Insurance Company has not filed any document and also had not taken any efforts to let in evidence by examining any witness from their side.
11. The evidence of P.W.2-Kadher Hussain and the documents Ex.P.1- F.I.R; Ex.P3- Judgment of Judicial Magistrate would show that the accident has occurred due to the rash and negligent driving of the third respondent's bus driver only. It is seen from the evidence of P.W.1-Nasima Begam that, at the time of accident, her son was studying 10th standard and they are depending on him for their future life. In the absence of any materials produced by the Insurance Company, the Tribunal has awarded a sum of Rs.4,00,000/- for the loss of love and affection, parental care, funeral expenses, transportation charges and future prospects, as compensation to the petitioners.
12.In view of the above, this Court is of the considered opinion that there is no error in the finding of the Tribunal and the Tribunal has awarded just and reasonable compensation. Hence, there is no infirmity or irregularity in the award passed by the Tribunal. Therefore, this Civil Miscellaneous Appeal deserves to be dismissed.
13.In the result, this Civil Miscellaneous Appeal is dismissed and the Judgment and Decree made M.C.O.P.No.1532 of 2005, dated 04.06.2007 on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirappali is hereby confirmed. The appellant/Oriental Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this judgment, less the amount already deposited if any and on such deposit being made, the claimants are permitted to withdraw their respective shares as apportioned by the Tribunal with accrued interests and costs, after filing formal petition before the Tribunal. No costs.
To
1.The Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichirappali.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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