IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.03.2008 CORAM : THE HON’BLE MR. JUSTICE S.TAMILVANAN C.M.A.No.1349 of 2000 and Cross Obj.No.8 of 2004 C.M.A.No.1349 of 2000 M/s. United India Insurance Company Ltd., T.Nagar Chennai – 600 017. .... Appellant vs. 1. A.Rathinam 2. Gangadharan .... Respondents Appeal against the Judgment and Decree, dated 02.07.1997 made in M.C.O.P.No.257 of 1995 on the file of the Motor Accident Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate), Chengalpattu. For Appellant : Mr.K.S.Narasimhan For Respondent : Mr.P.N.George Graham for No.1 M/s. Devadasan & Sagar Cross Obj. No.8 of 2004 A.Rathinam .... Cross Objector vs. 1. M/s. United India Insurance Company Ltd., T.Nagar, Chennai – 600 017. 2. Gangadharan .... Respondents Cross Objection filed against the Judgment and Decree, dated 02.07.1997 made in M.C.O.P.No.257 of 1995 on the file of the Motor Accident Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate), Chengalpattu. https://hcservices.ecourts.gov.in/hcservices/ For Cross Objector : Mr.P.N.George Graham for M/s. Devadasan & Sagar For Respondent : Mr.K.S.Narasimhan for R1 COMMON JUDGMENT This Civil Miscellaneous Appeal has been preferred by the United India Insurance Company Ltd., the second respondent in the M.C.O.P against the Judgment and Decree, dated 02.07.1997 made in M.C.O.P.No.257 of 1995 on the file of the Motor Accident Claims Tribunal / Additional District Judge cum Chief Judicial Magistrate, Chengalpat. 2. The Cross Objection has been preferred by the claimants in the M.C.O.P. for enhancement of compensation. 3. According to the petitioner in the M.C.O.P, on 21.03.1989 at about 5 p.m, near Kovalam post at Muthukadu Village, Thiruporur Taluk, when the claimant Rathinam was proceedings in a bicycle, an ambassador car, bearing Registration No.TMT 6301 belonged to the second respondent in the C.M.A was driven in a rash and negligent manner and caused the accident. Due to the motor accident, the first respondent / claimant sustained various bodily injuries, due to which, he sustained permanent disability in his neck portion. After the accident, he was admitted in the Government Hospital, Royapettah as inpatient and also spent money towards medical expenses. With the above pleadings, the first respondent in the C.M.A had filed M.C.O.P, seeking Rs.1,10,800/- towards compensation. 4. On the side of the first respondent / claimant, copy of the FIR, dated 21.03.1989 has been marked as Ex.A.1 on the complaint given by wife of the claimant, J.Gabriel, case in Cr.No.611/89 under Sections 279 and 337 IPC was registered by Thiruvanmiyur police station, wherein the complainant has stated about the motor accident that had taken place on 21.03.1989 at 5 p.m. Ex.A.2 is the discharge summary, dated 24.04.1989 given to the first respondent by the Government Hospital, Royapettah, Chennai. Based on the evidence adduced by the injured, namely the first respondent herein and the documents marked as Exs.A.1 and A.2, the trial court has held that the claim of the first respondent / claimant has been proved and accordingly, directed the appellant / second respondent, Insurance Company to pay a total compensation of Rs.25,000/- with 12% interest and costs. Aggrieved by which, the Insurance Company has preferred this appeal. https://hcservices.ecourts.gov.in/hcservices/ 5. As the award has been passed by the competent forum, namely Motor Accident Claims Tribunal, Chengalpat, this Court is of the view that the burden is on the appellant to establish that the impugned judgment and decree are not sustainable and that there was no negligence on the part of the driver of the motor vehicle or that there was no insurance coverage by the owner of the vehicle. Admittedly, no witness was examined and no document was marked on the side of the Insurance Company, appellant herein. 6. The Motor Vehicles Act, being the welfare legislation, it is not proper on the part of the Insurance Company to shift the entire burden on the victim to establish in the appellate court that there was third party insurance coverage to the motor vehicle. If at all it is open to the appellant, Insurance Company to seek appropriate remedy against the owner of the vehicle, if there is no insurance coverage on the date of accident. So far as the quantum of compensation is concerned, the Motor Accident Claims Tribunal, considering the injury sustained by the first respondent, based on the oral evidence of P.W.1, supported by Exs.A.1 and A.2, has find it reasonable to award compensation at Rs.25,000/- to be paid by the appellate Insurance Company with interest and costs. It cannot be said that the compensation awarded by the Tribunal is on the higher side. Therefore, this Court is of the view that there is no illegality or infirmity to be interfered with the award passed by the Motor Accident Claims Tribunal. 7. In the Cross Objection, though the first respondent in the C.M.A, being the claimant has sought for enhancement of compensation at Rs.1,10,800/-, admittedly there is no supporting document to claim any enhancement of compensation. Ex.A.1, copy of the FIR and Ex.A.2, discharge summary are sufficient to prove that he was admitted in the Government Hospital, Royapettah, after the motor accident, but no medical bills or other documents showing the expenses incurred by the claimant towards treatment has been produced and marked to decide the quantum of compensation or to enhance the same in the cross objection, except the oral evidence of P.W.1. In the above circumstances, I find it reasonable to dismiss the cross objection along with the appeal preferred by the Insurance Company. https://hcservices.ecourts.gov.in/hcservices/ 8. In the result, confirming the Judgment and Decree, dated 02.07.1997 made in M.C.O.P.No.257 of 1995 by the Motor Accident Claims Tribunal, C.M.A.No.1349 of 2000 and Cross Obj.No.8 of 2004 are dismissed. However, there is no order as to costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. tsvn To 1. The Motor Accident Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate), Chengalpattu. 2. The Section Officer, VR Section, High Court, Madras. + 2 CCs To M/s.Devadasan, Advocate SR NO.14192, 14193 + 1 CC To Mr.K.S.Narasimhan, Advocate SR NO.14206 C.M.A.No.1349 of 2000 and Cross Obj.No.8 of 2004 akr[co] sky/24.4. https://hcservices.ecourts.gov.in/hcservices/