1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A(MD)No.748 of 2011 and M.P (MD) No.1 of 2011 K.Lingaraj .. Appellant/1st Respondent Vs. 1.A.Johnson .. Respondent/Petitioner 2.The Oriental Insurance Co. Ltd, No.6, North Cotton Road Thoothukudi District. .. Respondent/2nd Respondent Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988 against the award dated 04.10.2010 passed in MCOP.No.213 of 2009 by the Motor Accidents Claims Tribunal/Additional District Court/Fast Track Court No.II, Thoothukudi. For Appellant : Mr.G.Prabhu Rajadurai For R – 2 : Mr.K.Baskaran For R – 1 : No appearance JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 04.10.2010 passed in MCOP.No.213 of 2009 by the Motor Accidents Claims Tribunal/Additional District Court/Fast Track Court No.II, Thoothukudi. 2. The first respondent herein as petitioner has filed MCOP.No.213 of 2009 on the file of the Motor Accidents Claims Tribunal under sections 140, 166(A) and 166 of the Motor Vehicles Act, 1988 coupled with Rule 3(1) of the Tamil Nadu Motor Vehicles Accident Claims Rules praying to pass an award of Rs.12,00,000/-, wherein the present appellant has been shown as first respondent. 3. The Motor Accidents Claims Tribunal after considering the available evidence on record has awarded Rs.1,99,190/- against the first respondent. With regard to liability fixed upon the first respondent, the present Civil Miscellaneous appeal has been preferred at the instance of the first respondent as appellant. 4. The learned counsel appearing for the appellant/first respondent has contended that the first respondent has possessed of a licence so as to drive four wheeler and the same has been marked. But the Motor Accidents Claims Tribunal without looking into it has erroneously fixed liability upon the first respondent and therefore, https://hcservices.ecourts.gov.in/hcservices/ 2 the entire award passed by the Motor Accidents Claims Tribunal is liable to be set aside. 5. The learned counsel appearing for the second respondent has contended that the first respondent has been examined as RW1 and his specific evidence is that he has not possessed of valid licence so as to drive two wheeler and the accident has happened only due to two wheeler and further he has stated in his evidence that in the insurance policy it has been specifically stated that without having licence driving should not be made and the Motor Accidents Claims Tribunal after considering the available evidence on record has rightly fixed liability upon the first respondent and therefore, the award passed by the Motor Accidents Claims Tribunal does not require any interference. 6. It is an admitted fact that the two wheeler driven by the first respondent has caused the accident. After accident, the petitioner has given a police complaint, wherein it has been specifically stated about the alleged rash and negligent driving of the first respondent. 7. The first respondent has been examined as RW1 and his specific evidence is that he has not possessed of valid licence so as to drive two wheeler on the date of accident and that itself has paved the way for fixing liability upon the first respondent. 8. The Motor Accidents Claims Tribunal after considering the available evidence on record has rightly fixed liability upon the appellant/first respondent. In view of the discussion made earlier, this Court has not found any error or flaw in the award passed by the Motor Accidents Claims Tribunal and altogether the present Civil Miscellaneous Appeal deserves to be dismissed. 9. In fine, this Civil Miscellaneous Appeal deserves dismissal and accordingly is dismissed without cost. Connected Miscellaneous Petition is also dismissed and the award passed in MCOP.No.213 of 2009 by the Motor Accidents Claims Tribunal /Additional District Court/Fast Track Court No.II, Thoothukudi is confirmed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal/ Additional District Court/ Fast Track Court No.II, Thoothukudi. C.M.A(MD)No.748 of 2011 17.08.2011 mj NSV/5.9.2011/2P/2C https://hcservices.ecourts.gov.in/hcservices/