BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19/01/2010
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
C.M.A No.2276 of 2003
and
C.M.P.No.13773 of 2003
M/s. United India Insurance Company Limited,
No.9, East Car Street,
Tenkasi, ... Appellant
Vs.
1. Jayaseeli
2. Rajasingh, minor,
3. Jaya Anand, minor,
Respondents 2 and 3 are represented by the first
respondent herein.
... Respondents
PRAYER
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act, 1998 against the judgment and decree dated 17.12.2002 made in
M.A.C.O.P.No.138 of 2001, on the file of the Motor Accidents Claims Tribunal
(Principal Sub Judge), Tenkasi.
!For Appellant ... Mr.S.Alagusundar
^For Respondents ... Mr.R.Sankarasubramanian
1 and 3
For Respondent-4 ... Mr.M.Prakash
* * *
:JUDGMENT
Insurance Company has filed this Appeal, aggrieved over the award, dated
17.12.2002, made in M.A.C.O.P.No.138 of 2001, on the file of the Motor Accidents
Claims Tribunal (Principal Sub-Judge), Tenkasi.
2. Heard Mr.S.Alagusundar, learned counsel who appears on behalf of the
appellant and Mr.A.Sankarasubramanian, learned counsel who appears on behalf of
Respondents 1 and 3 and Mr.M.Prakash, learned counsel who appears on behalf of
the fourth respondent.
3. The Insurance Company has filed this appeal challenging the award with
regard to the liability to pay compensation aggrieved by the finding of the
Tribunal fixing composite negligence equally on the driver of the Mahendra Van
as well as the driver of the transport corporation bus. According to the
appellant, the driver of the bus alone is totally responsible for the accident,
as he drove his vehicle in a rash and negligent manner and caused the accident.
In this regard, the learned counsel for the appellant relies upon the deposition
of P.W.1, who is none other than the wife of the deceased van driver, who drove
the ill-fated Mahendra van. The appellant further relies upon the First
Information Report/Ex.P1 to state that the complaint is as against the driver of
the transport corporation bus. Therefor the insurance company insurer of the van
is not liable
4. After going through the original records and the First Information
Report, as pointed out above it is clear that one of the passengers of the ill-
fated Mahendra van had given a complaint to the police. The First Information
Report, clearly reveals that the Mahendra van driven by the deceased driver was
overloaded. In the said van more than 20 persons travelled at the time of
accident, whereas, the seating capacity of such a van is only in the range of 13
passengers. The accident in this case happened on the busy thoroughfare
(i.e.)the Tenkasi to Tirunelveli Main Road, east of Alangulam, near a Water
Service Station. Therefore, the Tribunal has rightly held that there was
composite negligence on the part of the driver of Mahendra van and transport
corporation bus,resulting in the accident.
5. Upon perusing the original records and from the records as set out
above, it is clear that the finding of the Tribunal in fixing composite
negligence on both the drivers is justified. The FIR given by one of the
passenger of the Mahendra van Mr.Narasingam Chettiar clearly states that the
van was overloaded beyond its seating capacity and therefore, the possibility of
the van driver loosing the control over the vehicle is apparent. No appeal has
been preferred by the transport corporation with regard to the finding of
composite negligence. In this case, no eyewitness has been examined. The wife of
the deceased driver of the Mahendra van alone was examined as P.W.1 and she is
not a witness to the accident.
6. In such view of the matter, finding of the Tribunal with regard to the
composite negligence fixed on the drivers of both the vehicles is correct. No
other point was canvassed on behalf of the appellant. The appeal therefore
deserves to be dismissed.
7. In the result, the Civil Miscellaneous Appeal is dismissed.
Consequently, connected Civil Miscellaneous Petition is dismissed. There is no
order as to cost.
vsn
To
The Motor Accidents Claims Tribunal
(Principal Sub Judge),
Tenkasi.