Case Note & Summary
The appeal arose from an award passed by the Motor Accidents Claims Tribunal, Perambalur, in M.C.O.P. No. 139 of 2018 dated May 25, 2022. The claimant, a 34-year-old load man, was traveling as a cleaner in a Mahindra Navistar Truck bearing Registration No. TN-18-J-0612 on January 2, 2018, when the truck's front right tyre burst near Venganoor Bus-stop on Trichy-Chennai Highway. The driver, also the owner of the vehicle, lost control and the truck toppled, causing the claimant's left leg to be crushed between iron rods. He was initially treated at Government Hospital, Perambalur, and later at Atlas Hospital, Trichy, where his left leg below the knee was amputated. Further surgeries were performed at Thanjavur Government Medical College Hospital. A criminal case was registered against the driver under Sections 279 and 337 of the Indian Penal Code. The claimant sought compensation of Rs.1,00,00,000/- from the owner-cum-driver and the insurer, The New India Assurance Co. Ltd. The owner remained ex-parte before the Tribunal. The insurer filed a counter denying the claim, though the specific defenses are not detailed in the provided text. The Tribunal awarded compensation, and the insurer, aggrieved, filed this Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988, seeking to set aside the award. The matter was heard by the High Court of Judicature at Madras, which reserved judgment on December 9, 2024, and delivered its judgment on February 19, 2025. The provided excerpt does not include the court's final decision or reasoning.
Issue of Consideration
Case Details
2025 LawText (MAD) (02) 19
CMA No.2274 of 2022 and CMP No.17477 of 2022
Justice J.Nisha Banu, Justice R.Sakthivel
Mr. P.Sankaranarayanan, Mr. S.P.Yuaraj, Mr. R.Krishnasamy
Branch Manager, M/s. The New India Assurance Co. Ltd.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 against the award of the Motor Accidents Claims Tribunal
Remedy Sought
Appellant Insurance Company sought to set aside the award dated May 25, 2022 passed in M.C.O.P. No. 139 of 2018
Filing Reason
Aggrieved by the Tribunal's award holding the insurer liable to pay compensation
Previous Decisions
Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Perambalur, passed an award on May 25, 2022 in M.C.O.P. No. 139 of 2018
Judgment Excerpts
the petitioner’s left leg was crushed between iron rods. Immediately, he was admitted ... his left leg below knee was removed.
the said Truck was driven by petitioner’s relative / first respondent, namely Rajavel in a rash and negligent manner and the front right side tyre of the said Truck suddenly burst.
Procedural History
The claimant filed M.C.O.P. No. 139 of 2018 before the Motor Accidents Claims Tribunal, Perambalur, seeking compensation for injuries sustained in a road accident on 02.01.2018. The Tribunal passed its award on 25.05.2022. The second respondent/Insurance Company filed the present Civil Miscellaneous Appeal No. 2274 of 2022 under Section 173 of the Motor Vehicles Act, 1988. The High Court reserved judgment on 09.12.2024 and delivered judgment on 19.02.2025.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173
- Indian Penal Code, 1860: Sections 279, 337
