IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 06.02.2008 CORAM THE HONOURABLE MR. JUSTICE. P.P.S.JANARTHANA RAJA C.M.A.NO.2724 OF 2007 M.P.No.3 of 2007 Vembu . Appellant Vs 1.C.Panneerselvam 2.The Branch Manager, New India Assurance, 163, Mathanagobalapuram, Perambalur. .. Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 17.3.2005 made in MCOP No.29 of 2004 by the Motor Accident Claims Tribunal, Subordinate Judge, Ariyalur. For Appellant : Mr.T.Sellapandian For 2nd Respondent : Mr.S.Manoharan JUDGMENT This appeal is preferred by the Insurance Company against the award dated 17.3.2005 made in MCOP No.29 of 2004 by the Motor Accident Claims Tribunal, Subordinate Judge, Ariyalur. 2. Background facts in a nutshell are as follows: On 17.09.2002 at about 17.30 hours, the claimant was proceeding in a bicycle as pillion rider from Manuli to Vilankudi Main Road. While he was nearing Vilankudi Sivan Kovil, a Hero Honda motor cycle belonging to the first respondent bearing registration No.TN-46-B- 2760 came from opposite direction in a rash and negligent manner and dashed against the claimant. Due to the impact of the accident, the petitioner and one Tamilarasan, who is the rider of the bicycle, were thrown out from the bicycle and sustained severe injuries. The claimant sustained fracture in his right hand wrist, right shoulder and knee. Immediately the claimant was admitted in Ariyalur Government Hospital and later referred to TMCH, Thanjavur as in patient. The first respondent’s motor cycle was insured with the second respondent-Insurance Company, who resisted the claim. The https://hcservices.ecourts.gov.in/hcservices/ claimant claimed a sum of Rs.2,00,000/- as compensation before the Tribunal. On pleadings the Tribunal framed the following issues:- "1.Whether the accident had occurred due to the rash and negligent driving of the first respondent or not? 2.What is the compensation the claimant is entitled to? If so, what is the amount and from whom?" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the first respondent herein and awarded a compensation of Rs.52,760/-/- with 9% interest per annum from the date of petition and the details of the same are as under:- Permanent disability Rs. 32,760/- Medical expenses and pain and suffering Rs. 15,000/- Extra nourishment Rs. 5,000/- ---------------- Total... Rs. 52,760/- ---------------- Aggrieved by that order, the claimant has filed the present appeal for enhancement. 3. Learned counsel appearing for the appellant-claimant submitted that the Tribunal has erred in concluding that the first respondent vehicle was not insured with the second respondent and hence, the first respondent alone is liable to pay the compensation amount of Rs.52,760/- to the claimant and that therefore, the direction given by the Tribunal is not in accordance with law and the same has to be set aside. 4. Learned counsel appearing for the second respondent-Insurance company fairly submitted that the first respondent’s vehicle was insured with the second respondent-Insurance company and hence, the second respondent Insurance company alone is liable to pay the compensation to the claimant and the compensation awarded by the Tribunal has to be confirmed and a direction may be issued to the second respondent-Insurance Company directing to pay the compensation amount of Rs.52,760/- to the appellant-claimant. 5. Considering the submission made by the learned counsel appearing for the second respondent-Insurance Company and also there is no dispute regarding the quantum awarded by the Tribunal, the award passed by the Tribunal is confirmed and second respondent- Insurance Company is directed to pay compensation amount of Rs.52,760/- to the appellant-claimant. The Tribunal has awarded 9% interest from the date of petition. The accident had occurred only on 17.09.2002. On that date, the prevailing rate of interest is 7.5% https://hcservices.ecourts.gov.in/hcservices/ p.a. Hence, the rate of interest awarded by the Tribunal is modified to 7.5% p.a. instead of 9%. Therefore, the claimant is entitled to the compensation of Rs.52,760/- with interest at 7.5% per annum from the date of petition. 6. The second respondent-Insurance company is directed to deposit the entire award amount of Rs.52,760/- with interest at 7.5% per annum from the date of petition within a period of six weeks from the date of receipt of a copy of this order, after adjusting the amount already deposited. On such deposit, the claimant is permitted to withdraw the same, after adjusting the amount, if any, already withdrawn. 7. With the above modification, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, M.P.No.3 of 2007 is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. raa To 1.The Motor Accidents Claims Tribunal, Subordinate Judge, Ariyalur. 2. The Section Officer, VR Section, High Court, Madras. + 1 CC To Mr. S.Manohar, Advocate SR NO.5746 + 1 CC To Mr. S.Mani, Advocate SR NO.5910 C.M.A.No.2724 of 2007 mdr[co] gp/15.4. https://hcservices.ecourts.gov.in/hcservices/