Madras High Court
K.S.Kulandaisamy vs P.Manickam on 30 June, 2008
Author: S.Manikumar
Bench: S.Manikumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/06/2008 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR C.M.A.No.904 of 2008 K.S.Kulandaisamy .. Appellant Vs 1.P.Manickam 2.The Branch Manager, Oriental Insurance Co.Ltd, 146, West Car Street, Thiruchencode Taluk .. Respondents Petition filed under Section 173 of Motor Vehicle Act,1988 against the judgment and decree dated 29.12.2006 made in MCOP.No.300/2001 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate) Pudukottai. !For Appellant ... Mr.P.Jeyapaul ^ :JUDGMENT
Aggrieved by the dismissal of the claim petition, the appellant has preferred this Civil Miscellaneous Appeal.
2.It is the case of the appellant that he is a whole sale banana merchant. He hired a vehicle from the first respondent for transporting fruits. On 22.05.2001, when the vehicle was proceeding towards Alankkudi, due to rash and negligent driving, the lorry capsized and in the result, there was damage to the fruits, for which he claimed compensation against the owner of the vehicle and the insurer, the second respondent. Following the decision of this Hon'ble Court reported in M/s.United India Insurance Company Ltd., Athur, Salem & The Managing Director Tiruvalluvar Trasnport Corporation Ltd, Tiruvalluvar House Pallavan Salai, Madras and two others reported in 2003 (1) LW 534, the Tribunal dismissed the claim application as not maintainable.
3.Learned counsel for the petitioner submitted that the owner of the goods being a third party is entitled to compensation for the loss of his goods, as provided under Section 147(1) of the Motor Vehicles Act. He further submitted that Motor Vehicles Act being a special enactment, the person who sustained damages to his property cannot be driven to a Civil Court by filing a suit. For this proposition, he relied on a decision of the Karnataka High Court, reported in 2006(2)TAC,48, Oriental Fire and General Insurance Co.Ltd Vs. Rasheed Ahmad and another.
4.I have heard the learned counsel appearing for the appellant and perused the material available on records. There is no representation on behalf of the respondents.
5.The Division Bench of this Court, while testing the correctness of the award passed by the Tribunal in respect of a similar issue as to whether the owner of the goods is entitled to compensation, in the case of M/s.United Insurance Company Ltd Vs. Tiruvalluvar Transport Corporation Ltd cited supra, held as follows:-
"It is a well settled law the tribunal constituted under Section 168 of 1988 Act could only adjudicate upon the claims for compensation in respect of the accident involving death or bodily injury to persons arising out of the use of Motor Vehicles or damages to any property of a third party, so arising. In view of the language used in Sections 165 and 166 of 1988 Act, we are of the view that Section 166 of the Act does not cover the liability in question and damage to the property as envisaged under. The Section only relates to the property of a third party and does not cover the loss to the property carried in a "public carrier" held in trust by the carrier for the owners of the goods."
6.The Division Bench further observed that claim does not fall within the scope of Sections 165 and 166 of the Act, and accordingly held that the Tribunal had no jurisdiction to entertain the claim. At paragraph 11, the Division Bench further held that in the claim petition claiming compensation for the damages to the goods as carrier is not maintainable before the Motor Accident Claims Tribunal. Apart from this, the decision of the Karnataka High Court can only be a persuasive value and it is not binding on this Court.
7.In the result, as the issue has already been decided by this Court, I do not find that the tribunal has applied any wrong principles of law in rejecting the claim petition. Hence, there is no merits in this appeal and accordingly it is dismissed. Consequently, connected M.P. is closed. No costs.
ssm To The Motor Accident Claims Tribunal, (Chief Judicial Magistrate) Pudukottai.