1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A (MD) No.845 of 2011 Padmavathi .. Appellant/Claimant Vs. 1.The New India Insurance Company through its Branch Manager D.No.41/B Victoria Street Tuticorin. 2.Ponraj (set as ex parte) 3.National Insurance Company through its Branch Manager Mela Peria Cotton Road, Tuticorin. .. Respondents/Respondents Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988 against the order dated 07.01.2011 passed in MCOP No.85 of 2009 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Tuticorin. For Appellant : Mr.S.Kadarkarai For R – 1 : Mr.D.Sivaraman For R – 3 : No appearance JUDGMENT The order dated 07.01.2011 passed in MCOP No.85 of 2009 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Tuticorin is being challenged in the present Civil Miscellaneous Appeal. 2. The appellant herein as petitioner has filed MCOP No.85 of 2009 on the file of the Motor Accidents Claims Tribunal praying to award a compensation of Rs.1,00,000/- wherein the present respondents have been shown as respondents. 3. It is stated in the petition that on 25.05.2007 at about 3.45 pm. the vehicle of the petitioner has been driven on Tiruchendur-Tirunelveli main road. At that time the driver of the second respondent has driven his vehicle in rash and negligent manner and dashed against the vehicle of the petitioner and thereby caused damage. Under the said circumstances the present petition has been filed for getting compensation as mentioned therein. https://hcservices.ecourts.gov.in/hcservices/ 2 4. On the side of the contesting respondent a detailed counter has been filed, wherein the factum of accident and also damage caused to the vehicle of the petitioner are denied. 5. The Motor Accidents Claims Tribunal after considering the available evidence on record has dismissed the petition. Against the dismissal order, the present Civil Miscellaneous Appeal has been preferred at the instance of the petitioner as appellant. 6. The learned counsel appearing for the appellant/petitioner has contended that the accident has taken place on 25.05.2007 and due to accident, the vehicle of the petitioner has sustained heavy damage and in order to get compensation, the present Civil Miscellaneous Appeal has been filed. But the Motor Accidents Claims Tribunal without considering the available evidence on record has erroneously dismissed the same and therefore, the order passed by the Motor Accidents Claims Tribunal is liable to be set aside. 7. The consistent case of the appellant /petitioner is that the accident has happened on 25.05.2007 and due to accident his vehicle has got damaged. 8. On the side of the appellant/petitioner Exs.P1 to P4 have been filed. Except Exs.P1 to P4 no other relevant document has been filed for the purpose of proving the damage alleged to have been caused to the vehicle of the petitioner. Since the present petition has been filed only on the basis of alleged damage to the vehicle of the petitioner, since no document has been filed with regard to vital aspect, it is highly impossible on the part of the Court to accept the case of the petitioner. 9. The Motor Accidents Claims Tribunal after considering the available evidence on record has rightly dismissed the petition. In view of the discussion made earlier, this Court has not found any error in the order passed by the Court below and altogether the present Civil Miscellaneous Appeal deserves to be dismissed. 10. In fine, this Civil Miscellaneous Appeal deserves dismissal and accordingly is dismissed without cost and the order passed in MCOP No.85 of 2009 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Tuticorin is confirmed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal/ Chief Judicial Magistrate Court, Tuticorin. https://hcservices.ecourts.gov.in/hcservices/ 3 +1cc to Mr.S.Kadarkarai, Advocate Sr.No.24532 +1cc to Mr.D.Sivaraman, Advocate Sr.No.24553 mj ssk/30.08.2011 /4c-3p/- C.M.A (MD) No.845 of 2011 https://hcservices.ecourts.gov.in/hcservices/