Madras High Court
National Insurance Company Ltd vs Selvi on 22 April, 2021
C.M.A.No.1675 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.1675 of 2020
and
C.M.P.No.12327 of 2020
(Through Video Conferencing)
National Insurance Company Ltd.,
Represented by its Manager,
Hero Vertical
101, 105, MBC House,
Cannought Place,
New Delhi – 110 001. ... Appellant
Vs.
1.Selvi
2.K.Babu
3.K.Mani
4.K.Priya
C.Muthu (Died)
5.M.Sabari ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the award passed in M.A.C.T.O.P.No.706
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Page No 1 of 5
C.M.A.No.1675 of 2020
of 2018, dated 24.03.2020, on the file of the Motor Vehicle Accidents
Claims Tribunal, Principal District Court, Krishnagiri.
For Appellant : M/s.N.B.Sureka
For R1 to R5 : No appearance
JUDGMENT
Though the notice has been served on the respondents, there is no
representation on behalf of them. Since no adverse orders are proposed to
be passed against them, this Civil Miscellaneous Appeal is taken up for
hearing and final disposal.
2. The Insurance Company is the appellant in this Civil
Miscellaneous Appeal. It is aggrieved by the impugned Judgment and
Decree dated 24.03.2020 passed by the Motor Accident Claims Tribunal
(District Court for Motor Accident Claims Cases, Krishnagiri),
Krishnagiri in M.C.O.P.No.706 of 2018.
3. This Civil Miscellaneous Appeal has been filed on the ground
that the Tribunal has failed to order pay and recover the amount of
compensation from the owner of the insured motorcycle, namely the fifth
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Page No 2 of 5
C.M.A.No.1675 of 2020
respondent herein. It is submitted that as per the FIR, it was admitted that
rider of the motorcycle did not possess a valid driving licence at the time
of the accident and therefore, the Tribunal ought to have ordered to pay
and recover the amount of compensation.
4. I have considered the arguments advanced by the learned counsel
for the appellant Insurance Company. I have also perused the impugned
Judgment and Decree passed by the Tribunal and the evidence on record.
5. On perusing the evidences and the depositions, it is noticed that
RW1 RTO has deposed that the rider of the motorcycle was possessing a
valid driving licence. Considering the same, I do not find any error in the
impugned Judgment and Decree passed by the Tribunal. Therefore, the
prayer of the appellant Insurance company to order pay and recovery
cannot be entertained.
6. The appellant Insurance Company is therefore directed to deposit
the compensation of Rs.13,60,000/- together with interest at 7.5% per
annum from the date of claim petition till the date of deposit and costs as
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.
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Page No 3 of 5
C.M.A.No.1675 of 2020
7. On such deposit, the first to fourth respondents are permitted to
withdraw their share together with interest and costs in the same
proportion awarded by the Tribunal, less any amount already withdrawn,
by filing suitable application before the Tribunal.
8. 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 Vehicle Accidents Claims Tribunal,
Principal District Court, Krishnagiri.
2.The Section Officer,
V.R.Section,
Madras High Court.
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Page No 4 of 5
C.M.A.No.1675 of 2020
C.SARAVANAN, J.
jen
C.M.A.No.1675 of 2020 and
C.M.P.No.12327 of 2020
22.04.2021
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Page No 5 of 5
