National Insurance Company Ltd. vs A. Dhanapal and Devaki

C.S. Karnan, J.—The claimant was travelling in the Mini Tempo bearing Registration No. TN-34-A-9455 along with power looms, on the

Kozhikalnatham Main road and at that point of time, the Transport Corporation Bus bearing Registration No. TN-27-N-0636, coming in the

opposite direction and at that time, the driver of the Mini Tempo lost his control and dashed against the bus. As a result, he had sustained injuries.

Hence, the claim has been filed against the owner and insurer of the tempo. The Insurance Company had filed a counter statement and resisted the

claim petition. The respondent submitted that the driver of the tempo had not committed the said accident and that it had been committed by the

rash and negligent driving of the bus. Further, the tempo is a goods carrier in which the petitioner had travelled as a passenger. As such, the policy

conditions of Insurance had been violated. In the said accident, two vehicles had been involved and as such, the Transport Corporation is a

necessary party.

On considering the averments of both parties, the Tribunal had framed three issues namely: (1) Whether the driver of the tempo lorry had been

negligent in his driving or whether the driver of the bus had been negligent in driving the bus? (2) What is the quantum of compensation, which the

petitioner is entitled to get? If so, who is liable to pay compensation? and (3) To what other relief is the petitioner entitled to get?

On the side of the claimant, three witnesses were examined and 16 documents were marked as Exhibits namely: F.I.R.; Motor Vehicle

Inspector''s report; Accident register; Charge sheet; Judgment copy; Hospital records; Medical bills; Salary Certificate; X-ray; and Disability

Certificate. On the side of the respondent, two witnesses were examined as RW 1 and RW 2, who are attached to the R.T.O. and Insurance

Company respectively and 3 documents were marked namely: R.C. Book; Policy Copy and Claim Form.

PW 1 had adduced evidence that when he was travelling in the Mini Tempo bearing Registration No. TN-34-A-9455, along with his power

loom goods, on 06.09.2003, at about 6.00 a.m., on the Kozhikalnatham Main road, the driver of the Mini Tempo lost his control as he had driven

it in a high speed and in a negligent manner and had dashed against the bus bearing Registration No. TN-27-N-0630. PW 1 further stated that he

had sustained grievous injuries on his neck and 3 of his bones were fractured. Besides, his spinal cord bone and bone of left hand had been

fractured. PW 1 further stated that he had been treated at Tiruchengodu Government Hospital, Erode Government Hospital and Saveetha

Hospital, Erode, as an inpatient. He had undergone a surgical operation on his neck at Saveetha Hospital. PW 2, Doctor had adduced evidence

that the claimant has sustained 20% disability and his fractured bones in his neck were malunited.

RW 1, had adduced evidence that the 1st respondent''s vehicle is not a passenger vehicle and only a goods vehicle. RW 2, had also adduced

evidence on similar lines to RW 1.

PW 3 had adduced evidence that he is the employer of the claimant and that the claimant was paid a sum of Rs. 6,000/- per month. On

considering the evidence of the witnesses and on perusing the documents marked by them, the Tribunal had awarded a sum of Rs. 99,866/- as

compensation with interest at the rate of 7.5% per annum. Against the said award, the Insurance Company has filed the above appeal. The highly

competent counsel argued that the offending vehicle is a goods carriage vehicle and the claimant was travelling as an unauthorised passenger. As

such, the policy conditions have been violated. Further, no additional premium had been paid to extend coverage of Insurance for third parties. The

very competent counsel further argued that in the said accident, two vehicles had been involved and as such the other vehicle namely the owner of

the bus is also a necessary party in the instant case.

The very competent counsel for the claimants argued that the claimant had travelled along with his goods namely power loom equipment and

therefore, the claimant cannot be categorised as a gratuitous passenger. Further, the driver of the goods vehicle has been punished by the Criminal

Court for his negligence. The claimant had spent a sum of Rs. 47,866/- towards medical expenses, since he had been treated at three different

hospitals. A surgical operation was conducted on his neck. Hence, the learned counsel entreats the Court to dismiss the appeal, since there is no

lacuna in the impugned award.

On verifying the facts and circumstances of the case and arguments advanced by the learned counsel on either side and on perusing the

impugned award of the Tribunal, this Court does not find any lapse in the conclusions arrived at regarding negligence, liability and quantum of

compensation. This Court is of the view that the F.I.R. has been registered against the driver of the mini auto and he was punished before the

Criminal Court and the said vehicle had been insured with the Insurance Company. Further, it is evident that the claimant had travelled along with

power loom goods, as its owner. As per medical bills, the claimant had spent a sum of Rs. 47,866/- and a surgical operation had been conducted.

Therefore, the award passed by the Tribunal is found fit enough to be executable and as such this Court is not inclined to entertain the above

appeal.

This Court directed the appellant to deposit the entire compensation amount with interest. Now, the claimant is at liberty to withdraw the entire

compensation amount, with accrued interest thereon, lying in the credit of M.C.O.P. No. 1043 of 2004, on the file of Motor Accidents Claims

Tribunal, (Additional District Judge/Fast Track Court No. 1), Salem, after filing a memo. along with a copy of this order. In the result, the above

Civil Miscellaneous Appeal is dismissed. Consequently, the Award and Decree, passed in M.C.O.P. No. 1043 of 2004, dated 18.03.2009, on

the file of the Motor Accidents Claims Tribunal, (Additional District Judge/Fast Track Court No. 1), Salem, is confirmed. No costs. Consequently,

connected miscellaneous petition is closed.