United India Insurance Co Ltd v. K.Selvaraj

JUDGMENT This appeal has been filed by the Insurance Company against the award passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore in M.C.O.P.No.2694 of 2007, dated 12.10.2015.

¶2The first respondent is the claimant. The case of the first respondent is that on 04.11.2006, he was riding a two-wheeler from Cuddalore, and at about

7.45 p.m., the offending vehicle, which was also a two-wheeler, was driven in a rash and negligent manner and dashed against the two-wheeler driven by the claimant. As a result of which, the claimant fell down and sustained grievous injuries. It is under these circumstances, the claim petition came to be filed before the Tribunal.

¶3The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence rendered a categoric finding that the accident had taken place only due to the rash and negligent driving on the part of the claimant. Page3 of 6

¶4The Tribunal, having rendered the above finding, fixed the total compensation at Rs.3,03,960/- under the following heads: Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Loss of earning capacity Rs.1,53,000/-

¶2Transport to hospital Rs.10,000/-

¶3Special diet Rs.5,000/-

¶4Loss of income for 2 months Rs.10,000/-

¶5Pain and sufferings Rs.20,000/-

¶6Rs.10,000/-per fracture Rs.7,500/-per surgery (1 Frs, 4 Sur) Rs.17,500/-

¶7Medical expenses Rs.53,460/-

¶8Attendant charges Rs.5,000/-

¶9Loss of amenities for whole body Rs.30,000/- Total Rs.3,03,960/- The above compensation was directed to be paid by the appellant -Insurance Company which is the insurer for the two-wheeler driven by the claimant along with interest at the rate of 7.5% per annum to the claimant. Aggrieved by the same, the present appeal has been filed by the Insurance Company.

¶5The first respondent / claimant has been served with notice and the name of the first respondent also been printed in the cause list and there is no representation either in person or through counsel. Page4 of 6

¶6This Court heard M/s.R.Sree Vidhya, learned counsel appearing on behalf of the appellant – Insurance Company and M/S. J. Chandran, learned counsel appearing for the fourth respondent and Mr. C.M. Mohana Sundaram, learned counsel appearing for the fifth respondent.

¶7This Court carefully considered the submissions made by the learned counsel for the appellant and the materials available on record. This Court also carefully went through the award passed by the Tribunal.

¶8The main ground that was urged on the side of the appellant - Insurance Company is that the claim petition was filed under Section 166 (1) of the Motor Vehicles Act, whereas the Tribunal, after finding that the entire negligence was upon the claimant, erroneously fixed the compensation amount and directed the compensation to be paid by the appellant – Insurance Company.

¶9In the case in hand, the claimant is the borrower of the vehicle. The Tribunal found that the accident had taken place only due to the negligence of the claimant. In such a scenario, the claim petition ought to have been dismissed since it was filed under section 166(1) of the Motor Vehicles Act. Instead, the Tribunal fixed the compensation amount and also directed the appellant – Insurance Company to pay the compensation to the claimant. This finding Page5 of 6 rendered by the Tribunal is, on the face of it, illegal. Hence, it requires the interference of this Court and the award passed by the Chief Judicial Magistrate, Motor Accident Claims Tribunal, Cuddalore in M.C.O.P.No.2694 of 2007, dated 12.10.2015 is hereby set aside. This Civil Miscellaneous Appeal is allowed.

¶10It is submitted by the learned counsel for the appellant – Insurance Company that the entire award amount has already been deposited before the Tribunal and the same has also been withdrawn by the claimant. In such an event, it is left open to the appellant – Insurance Company to recover the same from the claimant in the manner known to law. No costs. Consequently, the connected miscellaneous petition stands closed. 14-07-2026 Index: Yes/No Speaking/Non-speaking order SSI To:

¶1The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Cuddalore.

¶2The Section Officer, V.R.Section, High Court of Madras. CMAoNo.o446oofo2023 N.ANANDoVENKATESHoJ. SSI CMAoNo.o446oofo2023 AND CMPoNo.o3717oofo2023

14.07.2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND CMP No. 3717 of 2023 The United India Insurance Company Ltd Nethaji Road, Cuddalore-1. ..Appellant(s) Vs 1. K.Selvaraj, S/o Kathavarayan, 7A/13, Wellington Street, Cuddalore O.T. 2. A.Balasubramaniyan S/o Sankara Pandiyan No.58 Arun Nagar, Chellankuppam, Cuddalore O.T. 3. Premavathy, W/o Selvaraj 7A/13, Wellington Street, Cuddalore O.T. 4. The New India Assurance Company Ltd., No.1, Bharathi Road, Arcot Woodlands Building, Cuddalore – 1. 5. M/s.Shasun Chemicals and Drugs Ltd., Plot No.A/1/B, Sipcot Industrial Complex Kudikadu, Cuddalore 607 005. ..Respondent(s) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and Decree dated 12.10.2015 in MCOP 2694 of 2007 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) at Cuddalore. For Appellant(s): M/s.R.Sree Vidhya Page2 of 6 For Respondent(s): M/S. J. Chandran For R4 Mr. C.M. Mohana Sundaram For R5 For R1 & R3 – Served No appearance R2 – No Such Address