Madras High Court
The National Insurance Company ... vs Usha on 22 April, 2021
C.M.A.No.1821 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1821 of 2020
and
C.M.P.No.13481 of 2020
(Through Video Conferencing)
The National Insurance Company Limited,
No.45, 1st Floor, Moore Street,
Chennai – 600 001.
Branch office at Thiruvallur. ... Appellant
Vs.
1.Usha
2.Aravind
3.Keerthana
4.Thinakaran ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 24.04.2019
in M.C.O.P.No.71 of 2017 on the file of the Motor Accident Claims
Tribunal-I (Special District Judge), at Thiruvallur.
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C.M.A.No.1821 of 2020
For Appellant : M/s.R.Sree Vidhya
For R1 to R3 : M/s.A.Subadra
For R4 : No appearance
*****
JUDGMENT
The Insurance Company is the appellant in this Civil
Miscellaneous Appeal. It is aggrieved by the impugned Judgment and
Decree dated 24.04.2019 passed by the Motor Accident Claims Tribunal-
1 (Special District Court, Tiruvallur), Tiruvallur in M.C.O.P.No.71 of
2017.
2. By the impugned Impugned Judgment and Decree, the Tribunal
has awarded a sum of Rs.12,37,520/- as compensation together interest at
7.5% per annum from the date of claim petition till the date of deposit
and costs to the first to third respondents.
3. Aggrieved by the same, the present Civil Miscellaneous Appeal
has been filed by the Insurance Company on the ground that the Tribunal
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C.M.A.No.1821 of 2020
ought to have scaled down the compensation by holding that the
deceased was equally liable for the accident due to the contributory
negligence.
4. It was case of the first to third respondents / claimants before the
Tribunal that on 24.05.2017 at about 00.05 hrs, when the deceased was
riding a motorcycle bearing registration No.TN-58-H-5380 from south to
north Maduravoyal Bye-Pass Road, near K.G.Signature area, the
Container Lorry bearing registration No.TN-04-AJ-5153 of the fourth
respondent insured with the appellant Insurance was parked on the road
without following the traffic rules and without any signal. At that time,
the motorcycle of the deceased hit at the back side of the Container
Lorry, as result of which, the deceased sustained grievous injuries and
died on the spot.
5. The learned counsel for the first to third respondents submits
that the impugned Judgment and Decree is well reasoned and requires no
interference.
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C.M.A.No.1821 of 2020
6. I have considered the arguments advanced by the learned
counsel for the appellant Insurance Company and the first to third
respondents. I have also perused the impugned Judgment and Decree
passed by the Tribunal and the evidence on record.
7. The Tribunal has come to a fair conclusion on facts that the
driver of the insured Container Lorry parked the vehicle without any
danger light, as a result of which, the deceased riding the motorcycle hit
at the back side of the lorry and died on the spot. The finding given by
the Tribunal that the vehicle was parked on the main road and not on the
service road without parking light which clearly shows that the driver of
the insured Container Lorry had parked the vehicle negligently knowing
fully well that it is possible for vehicles to hit coming from behind of the
insured Container Lorry. Under these circumstances, I find no merits in
this Civil Miscellaneous Appeal.
8. Therefore, the appellant Insurance Company is directed to
deposit the compensation of Rs.12,37,520/- together interest at 7.5% per
annum from the date of claim petition till the date of deposit and costs as
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C.M.A.No.1821 of 2020
was ordered by the Tribunal, less any amount already deposited, within a
period of eight weeks from the date of receipt of a copy of this Judgment.
9. On such deposit, the first to third respondents are permitted to
withdraw their share together with interest in the same proportion
awarded by the Tribunal, less any amount already withdrawn, by filing
suitable application before the Tribunal.
10. Accordingly, this Civil Miscellaneous Appeal is dismissed. No
cost. Consequently, connected Miscellaneous Petition is closed.
22.04.2021
Index : Yes/No
Internet : Yes/No
jen
To
1.The Motor Accident Claims Tribunal-I,
(Special District Judge), Thiruvallur.
2.The Section Officer,
V.R.Section,
Madras High Court.
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C.M.A.No.1821 of 2020
C.SARAVANAN, J.
jen
C.M.A.No.1821 of 2020 and
C.M.P.No.13481 of 2020
22.04.2021
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