This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the award dated 17.04.2014 made in M.C.O.P.No.22 of 2008 on the file of the Motor Accident Claims Tribunal, Sub Judge, Kovilpatti.
2.It is a case of an accident causing injury, which took place on 03.11.2005 at about 05.30 p.m., at Nalatinputhur.
3.It is the case of claimant before the Tribunal that on the date of accident, while the injured was riding his bicycle near Nalatinputhur, the rider of an unregistered two wheeler, namley Bajaj CT100 motorcycle, rode the vehicle in a rash and negligent manner and dashed against the cyclist. Due to which, the claimant sustained multiple grievous injuries all over the body, subsequently, he took treatment at various hospitals.
4. The claimant filed an application in M.C.O.P.No.22 of 2008 on the file of the Motor Accident Claims Tribunal/Sub Judge, Kovilpatti, claiming a sum of Rs.50,000/- as compensation.
5.Before the Tribunal, the Claimant himself examined as witness as P.W.1 and marked nine documents as Exs.P.1 to P.9. On the side of the Insurance Company, one witness was examined as R.W.1 and three documents viz., R.W.1. to R.W.3 were marked.
6.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 riding of the rider of the motorcycle and directed the second respondent/Insurance company to pay a sum of Rs.34,000/- as compensation, to the injured claimant.
7. Against which, the appellant/Insurance Company has filed this present appeal.
8.Though in the grounds of appeal, the appellant has raised various grounds on account of liability as well as quantum, at the time of argument, the learned counsel for the appellant restricted his argument only with regard to negligence.
9.This Court heard the submissions made by the learned counsel for the appellant/Insurance Company and the learned counsel for the first respondent and perused the materials available on record.
10. In Paragraph No.10 of the award, the Tribunal has given a finding as follows:
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11.From the above, it is clear that the Tribunal has discussed in detail and found that due to rash and negligent riding of the rider of the two wheeler, the accident had occurred and therefore, directed the second respondent/insurance company to pay the compensation to the injured claimant. The liability on owner can only be fixed, if any policy condition is violated and no such violation is established by the appellant except the notice sent for producing the Registration Certificate and the licence. 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.
12.In the result, this Civil Miscellaneous Appeal is dismissed and the award dated 17.04.2014 passed in M.C.O.P.No.22 of 2008 on the file of the Motor Accident Claims Tribunal, Sub Judge, Kovilpatti, 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 claimant is permitted to withdraw the amount with interests and costs. No Costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Motor Accident Claims Tribunal, Sub Judge, Kovilpatti.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. .