Madras: IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR. JUSTICE R.MAHADEVAN
C.M.A. NO.62 OF 2010
The Medical Officer,
Government Primary Health Centre,
Bhavani Taluk, Erode District. .. Appellant
Rasuppaiyan @ Rasu
P.Kalimuthu .. Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.407 of 2005 dated 20.03.2008 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.IV), Bhavani, Erode District. For Appellant : Ms.M.Jayasree
For Respondent-1 : Mr.P.Surya
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J U D G M E N T
This appeal is preferred by the second respondent against the award in M.C.O.P.No.407 of 2005 dated 20.03.2008 passed by the Motor Accidents Claims Tribunal (Fast Track Court No.IV), Bhavani, Erode District.
For the sake of convenience, the parties shall be referred as per their original rank.
The case of the claimant was that after visiting his sister, he was travelling to his home in Bhavani Road in Bajaj CT 100 Motor Bike bearing Registration No.TN-36-H-9918 with one Mr.Perumal at about 12.30 hours on 25.10.2005. Mr.Perumal was driving the vehicle and the claimant was the pillion rider. To fuel the vehicle, after showing hand signal, when Mr.Perumal slowly turned right towards Karpagam Petrol Bunk, the ambulance van, owned by the second respondent, driven rash and negligently by the first respondent hit the bike in which the claimant was travelling, resulting in the death of Mr.Perumal on the spot and grievous injuries to the claimant. The claimant claimed to be an agriculture labour and after the accident claimed that he has sustained permanent disability and he is unable to attend agricultural coolie works.
Before the Claims Tribunal, the second respondent remained exparte.
The first respondent filed a counter affidavit claiming that the accident occurred due to the rash and negligent driving of the deceased Mr.Perumal and one Mr.Murugesan, the ambulance which was driven slowly and carefully was not involved in the accident, because of the accident between the two bikes, there was no room in the road and therefore he had to stop the vehicle by hitting the Indian Oil Corporation Board, the deceased Mr.Perumal and the claimant were drunk and therefore sought for dismissal of the claim petition.
The second respondent reiterating most of the contents of the first respondent regarding the accident and negligence, further pleaded that the claim was liable to be rejected for non-joinder of necessary parties as the Insurance Company of both the two wheelers were not shown as respondents and therefore...