Madras High Court
The Divisional Manager vs G.Kala on 20 April, 2021
C.M.A.No.1860 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.04.2021
Coram:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1860 of 2020
and
C.M.P.No.13762 of 2020
The Divisional Manager,
HDFC Ergo General Insurance Company Ltd.,
(formerly L & T General Insurance Company Limited),
having its office at RR Tower II, 2nd Floor,
94/95, T.V.K.Industrial Estate,
Guindy, Chennai-600 032. .. Appellant
Vs.
1. G.Kala, W/o R.Gunalan
2. R.Gunalan, S/o Ramachandran
3. Rajeev Sharma, S/o Shyam Sundar Sharma .. Respondents
Civil Miscellaneous Appeal (CMA) filed under Section 173 of the
Motor Vehicles Act against the Award and Decree dated 19.09.2019 in
M.C.O.P.No.112 of 2015 on the file of the Motor Accidents Claims
Tribunal (I Additional District and Sessions Court), Vellore.
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C.M.A.No.1860 of 2020
For appellant : Mr.N.Somasundaar
For respondents : Mr.C.Prabakaran for RR-1 & 2
Mr.S.Balasubramanian for R-3
JUDGMENT
(The Judgment of the Court was delivered by R.Subbiah, J)
This appeal has been filed by the Insurance Company as against the
Award dated 19.09.2019 made in M.C.O.P.No.112 of 2015 on the file of the
Motor Accidents Claims Tribunal/I Additional District and Sessions Court,
Vellore.
2. The brief facts which are necessary to decide the issue involved in
this appeal are as follows:
(a) The respondents 1 and 2 in this appeal are the claimants before the
Tribunal. The third respondent herein is the owner of the vehicle (car)
bearing Registration No.TN-09-BS-3402, which had caused the accident.
The respondents 1 and 2 herein are the mother and father of the deceased
Ramesh, their son, who was aged about 29 years at the time of accident.
(b) On 29.09.2014 at about 9.50 a.m., when the deceased was riding a
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C.M.A.No.1860 of 2020
motor-cycle bearing Registration No.TN-23-BD-8266 on Pat Road,
Palwalse Road junction, near Sivan Temple, the said car belonging to the
third respondent, came in a rash and negligent manner and dashed against
the two-wheeler which the deceased was riding and thus, caused the
accident, in which, the deceased sustained grievous injuries all over the
body and died on the way to hospital.
(c) At the time of accident, the deceased was working in ISG Nova
Soft Technologies Limited as a Software Engineer and earning Rs.30,000/-
p.m. Hence, the parents of the deceased made a claim for a sum of Rs.60
lakhs as compensation.
3. The claim petition filed by the parents of the deceased, was resisted
by the Insurance Company disputing the age, occupation and income of the
deceased. Further, on the date of accident, the driver of the car belonging to
the third respondent herein did not have a valid driving licence.
4. On an analysis of the evidence available on record, both oral and
documentary, the Tribunal passed an Award for a sum of Rs.36,07,500/-,
with interest @ 7.5% per annum from the date of claim petition till the date
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C.M.A.No.1860 of 2020
of deposit.
5. The only submission made by the learned counsel appearing for the
appellant/Insurance Company is that it was established before the Tribunal
that the driver of the offending car did not possess valid driving licence on
the date of accident, and this was established by examining two witnesses
on the side of the Insurance Company and marking Exs.R-1 and R-2, apart
from Exs.R-3 and R-4. The driver was in possession of international
driving licence. On the date of accident, he has not renewed the licence and
only after two days from the date of accident, namely on 01.10.2014, the
licence was renewed. Inspite of the same, the Tribunal has passed an Award
for a sum of Rs.36,07,500/- and directed the appellant/Insurance Company
to pay the compensation. Hence, the Insurance Company may be exonerated
from paying the compensation amount.
6. Per contra, the learned counsel for the respondents 1 and 2 made
submissions supporting the Award passed by the Tribunal.
7. This Court also heard the submissions made by the learned counsel
appearing on behalf of the third respondent.
8. Heard both sides and perused the materials available on record.
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C.M.A.No.1860 of 2020
9. In the present appeal, the challenge is only on the ground that on
the date of accident, the driver of the car did not have a valid driving licence
and therefore, the Insurance Company has to be exonerated from its liability
to pay the compensation.
10. The learned counsel appearing for the appellant/Insurance
Company has not urged any other ground and hence, it is not necessary for
this Court to traverse into the other aspects of the Award passed by the
Tribunal.
11. So far as the possession of the driving licence by the driver of the
offending car is concerned, it is no doubt that the Insurance Company has
established its defence that on the date of accident, the driver of the car, did
not have valid driving licence. Originally, he was holding international
driving licence and after expiry of the licence, he had not renewed it. At the
same time, it has to be seen that he was not disqualified from driving the
vehicle. In such circumstances, this Court is of the opinion that the
appellant/Insurance Company cannot be exonerated in paying the
compensation in toto. On the other hand, it is appropriate to permit the
Insurance Company to recover the compensation from the owner of the
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C.M.A.No.1860 of 2020
vehicle, after paying the same to the respondents 1 and 2/claimants.
12. Accordingly, in the first instance, the appellant/Insurance
Company is directed to pay the compensation as quantified by the Tribunal,
to the respondents 1 and 2/claimants, within a period of six weeks from the
date of receipt of a copy of this judgment and thereafter, the Insurance
Company is at liberty to recover the compensation from the owner of the
vehicle, namely the third respondent herein.
13. On such deposit by the appellant/Insurance Company, the
respondents 1 and 2/claimants are permitted to withdraw their respective
shares of compensation before the Tribunal in accordance with law.
14. With the above direction, this appeal is disposed of. No costs.
Consequently, C.M.P. is closed.
(R.P.S.J) (S.K.J)
20.04.2021
Index: Yes/no
Speaking Order: Yes
cs
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C.M.A.No.1860 of 2020
To
1. The Motor Accidents Claims Tribunal
(I Additional District and Sessions Court), Vellore.
2. The Section Officer, V.R. Section, High Court, Madras.
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C.M.A.No.1860 of 2020
R. SUBBIAH, J
and
S. KANNAMMAL, J
cs
C.M.A.No.1860 of 2020
20.04.2021
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