ANGAMUTHU vs PERUMATHAL
- Court
- Madras High Court
CMA No. 632 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 632 of 2023
CNR: {HCMA011609342021}
Angamuthu
S/o.Nanjappan No.37/19, Thenvadal Veethi,
Annur, Coimbatore.
..Appellant(s)
Vs
1. Perumathal
2. M/s United India Insurance Company Ltd
Rep by its Branch Manager,
IDOB Building, 4th Floor,
State Bank Road, Coimbatore 19. .. Respondent(s)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to set aside the judgment and decree passed in
MCOP.No.1523 of 2015 dated 16.09.2021 on the file of Special Motor Vehicle
Accident Claims Tribunal, Thiruppur.
For Appellant : Mr.R.Marudhachalamurthy
For R1 : No Appearance
For R2 : Mr.J.Chandran
JUDGMENT
Unsuccessful claimant has preferred the present Civil Miscellaneous
Appeal challenging the order of the Tribunal directing pay and recovery.
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2. According to the claimant, she is the daughter of the deceased
Karuppayee. On 21.07.2015 at about 10.45 a.m., the deceased Karuppayee was
walking along the left side of Avinashi Road near Uthamapalayam. Palam.
At that time, the driver of the Eicher lorry bearing Registration No.TN 60 B
7474, driven by the driver in a rash and negligent manner and dashed against
the deceased Karuppayee. Due to the impact, the deceased sustained grievous
injuries all over her body.
3. It is the further case of the claimant that the deceased was working as
an agricultural coolie and earning a sum of Rs.10,000/- per month.
4. The second respondent filed a counter statement denying the manner
of the accident. It was further contended that the claimant had to prove the age
and income of the deceased.
5. Before the Tribunal, on behalf of the claimant, the claimant herself
was examined as P.W.1, and P.W.2 and P.W.3 were also examined. Exs.P1 to
P3 were marked. On the side of the first respondent, no witness was examined
and no document was marked. On the side of the second respondent, no
witness was examined, and Exs.R1 to R6 were marked.
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6. Upon appreciation of the evidence adduced on either side, the
Tribunal found that the accident had occurred due to the rash and negligent
driving of the driver of the Eicher lorry. The Tribunal further found that the
driver of the offending vehicle did not possess a valid and effective driving
licence at the time of the accident. Therefore, the Tribunal directed the insurer
to pay the compensation amount and recover the same from the first
respondent/ owner of the offending vehicle. With regard to the quantum of
compensation, the Tribunal fixed the notional monthly income of the deceased
at Rs.5,000/-. Based on Ex.P2, the Death Certificate, the age of the deceased as
74 years. The Tribunal deducted towards the personal expenses of the deceased
and awarded compensation under the head “loss of dependency.” The
compensation awarded by the Tribunal under the other various heads as
hereunder :-
S.No. Heads of Compensation Amount awarded by
the Tribunal
1 Loss of income Rs.1,50,000/-
2 Loss of estate Rs. 15,000/-
3 Loss of love and affection Rs. 40,000/-
4 Funeral expenses Rs. 15,000/-
Total Rs.2,20,000/-
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7. A ggrieved by the said order, the first respondent, being the owner of
the offending vehicle, has preferred this Civil Miscellaneous Appeal,
challenging the order of pay and recover passed by the Tribunal.
8. During the pendency of the appeal, the appellant has filed C.M.P. No.
25166 of 2024 in C.M.A. No.632 of 2023 under Order XLI Rule 27 of the
Code of Civil Procedure, to receive the driving licence of the driver of the
offending vehicle as an additional document.
9. In the affidavit filed in support of the petition in CMP.No.25166 of
2024, the petitioner stated that he had entered appearance and filed a counter
statement but could not produce the driving licence before the Tribunal at the
time of trial. It was further stated that the driver possessed a valid licence at
the time of accident. The petitioner was unable to produce the original driving
licence of the driver during the proceedings in MCOP.No.1523 of 2015, as the
driver has resigned his job and the appellant could not contact him,.
Consequently, the original driving licence could not be produced at the time of
trial. A notarised copy of the driving licence was annexed to the petition.
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10. Despite notice being served on the first respondent/claimant and
her name being printed in the daily cause list, she has not chosen to appear
either in person or through counsel.
11. The learned counsel appearing for the appellant would submit that
the Tribunal failed to afford an opportunity to the appellant herein to establish
that the driver of the offending vehicle, namely, Prasad, possessed a valid
driving licence on the date and at the time of the accident. According to the
appellant, the driving licence authorised the driver to drive heavy goods motor
vehicles, heavy passenger motor vehicles, light goods motor vehicles, light
passenger motor vehicles, light motor vehicles and two-wheelers with gear.
Therefore, the finding of the Tribunal fastening liability on the appellant on the
ground that the driver did not possess a valid driving licence of the offending
vehicle is liable to be set aside.
12. The learned counsel further contended that the insurer alone is liable
to indemnify the appellant under the insurance contract and that the Insurance
company is liable to pay the compensation to the claimant.
13. The learned counsel appearing for the second respondent/Insurance
Company would submit that the reasons assigned in the petition to receive the
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copy of the driving licence of the driver as an additional document is
insufficient. It was contended that the appellant herein, despite having entered
appearance through counsel, failed to produce the driving licence during the
trial before the Tribunal.
14. This Court considered the submissions made by the learned counsel
appearing on either side and the materials available on record.
15. It is seen from the records that the appellant herein, being the owner
of the offending vehicle, had entered appearance through counsel before the
Tribunal and had filed a counter statement. However, the appellant did not
choose to enter the witness box or mark any document on his behalf.
16. During the pendency of the appeal, C.M.P.No. 25166 of 2024 has
been filed to receive a copy of the driving licence as an additional document.
In the affidavit filed in support of the application, the appellant stated that the
driver has possessed a valid driving licence at the time of alleged accident but
that the appellant could not produce the original driving licence before the
Tribunal because the driver had resigned from his employment and could not
be contacted. The appellant further stated that he had subsequently traced the
driver and obtained a copy of the driving licence, which was annexed along
with the petition.
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17. The learned counsel appearing for the appellant submitted that he
had no objection to receiving the copy of the driving licence annexed to the
petition in C.M.P. No.25166 of 2024.
18. In view of the above circumstances, this Court is inclined to allow
the petition. Accordingly, C.M.P.No.25166 of 2024 is allowed, and the copy
of the driving licence standing in the name of Prasad is received as additional
document and marked as Ex.R7.
19. A perusal of Ex.R7 shows that the driver of the offending vehicle,
namely, Prasath, possessed a valid driving licence on the date and at the time
of alleged accident. The driving licence was valid from 30.12.2011 to
29.12.2031. The licence particulars indicate that the driver was authorised to
drive heavy passenger motor vehicles and light passenger motor vehicles. The
batch Number is 00542.
20. In view of the above circumstances, this Court finds that the driver
of the offending vehicle possessed a valid driving licence on the date of the
accident. Therefore, the finding of the Tribunal that the driver did not possess a
valid and effective driving licence and the consequential direction to pay and
recover is unsustainable and is liable to be set aside.
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21. It is not in dispute that the offending vehicle was duly insured and
that the policy was in force at the time of accident. Therefore, the Insurance
Company is liable to indemnify the appellant in accordance with the terms of
the insurance policy and pay the compensation to the claimant.
22. In the result;
i) This Civil Miscellaneous Appeal is allowed.
CMP.No.25166 of 2024 is allowed.
ii) The finding of the Tribunal directing the second
respondent/Insurance Company to pay the
compensation and recover the same from the first
respondent, is hereby set aside.
iii) The second respondent Insurance Company is
directed to deposit the entire amount awarded by the
Tribunal, together with interest and costs, after
adjusting any amount already deposited.
iv) On such deposit being made, the first
respondent/claimant is permitted to withdraw the
same along with interest and costs, less the amount, if
any already withdrawn, by making necessary
application before the Tribunal.
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v) The manner and mode of disbursement of
compensation shall be as per the order of the
Tribunal. No costs. Consequently, connected
miscellaneous petition is also closed.
09.10.2026
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
KKD
To
The Special Motor Vehicle Accident Claims Tribunal,
Thiruppur.
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CMA No. 632 of 2023
M.JOTHIRAMAN, J.
KKD
CMA No. 632 of 2023
09-10-2026
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