Cholamandalam Ms General ... vs Varalakshmi
2021 Latest Caselaw 10349 Mad

                                                     C.M.A.No.1747 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.1747 of 2020
                                 and
                        C.M.P.No.12838 of 2020

                      (Through Video Conferencing)

Cholamandalam MS General Insurance Co. Ltd.,
Represented by its Branch Manager,
Sun Srine Plaza,
Ramalingapuram, Nellore,
Andhra Pradesh.                                          ... Appellant

                                   Vs.
1.Varalakshmi

2.Minor Sravani

3.Minor Sai Supriya

4.Minor Somasekar

5.Munemma

6.Munusamy

7.D.P.Raghavan                                           ... Respondents

(Minors R2 to R4 are rep. by their
                       st

N.F/Guardian Mother 1 respondent.)

      Civil Miscellaneous Appeal filed under Section 173 of the Motor

____________
Page No 1 of 6
                                                       C.M.A.No.1747 of 2020
Vehicles Act, 1988, against the Judgment and Decree dated 20.02.2020 in
M.C.O.P.No.480 of 2018 on the file of the Motor Accident Claims
Tribunal (Special District Judge), at Krishnagiri.

             For Appellant       : M/s.R.Sree Vidhya

             For R1, R5 & R6 : Mr.M.Sivakumar

             For R7              : No appearance

                                *****
                             JUDGMENT

Notice has been served on the contesting respondent, namely the

seventh respondent. There is no representation on behalf of the seventh

respondent though he has filed vakalat through M/s.Abrav M.D.Abdullah,

S.Saravana Kumar and C.Gunasekar.

2. In this Civil Miscellaneous Appeal, the appellant Insurance

Company only sought for ordering to pay and recover in the light of the

fact that the insured vehicle was not having a valid permit at the time of

the accident and since the permit was renewed on payment of penalty

after expiry of one month.

3. I have heard the learned counsel for the appellant. I have perused

the evidence on record and the impugned Judgment and Decree passed by

____________ Page No 2 of 6 C.M.A.No.1747 of 2020 the Tribunal.

4. Since there is no dispute that the insured vehicle was not having

fitness certificate at the time of the accident, this is a fit case for ordering

the appellant Insurance Company to pay the compensation to the first to

sixth respondents/claimants and recover the same from the owner of the

insured vehicle. Under these circumstances, the impugned Judgment and

Decree is modified by permitting the appellant Insurance Company to pay

the compensation to the first to sixth respondents and recover the same

from the owner of the insured vehicle, namely the seventh respondent.

5. The appellant Insurance Company shall deposit the

compensation of Rs.19,19,400/- together with interest at 7.5% per annum

from the date of claim petition till the date of deposit and costs in

payment method 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 and recover the same from the seventh respondent

in accordance with law.

6. On such deposit, the first, fifth and sixth respondents are

____________ Page No 3 of 6 C.M.A.No.1747 of 2020 permitted to withdraw their shares in the same proportion awarded by the

Tribunal, less any amount already withdrawn, by filing suitable

applications before the Tribunal.

7. Since the second to fourth respondents are minors, their share

shall be deposited in any one of the Nationalised Bank under reinvestment

scheme till they attain the age of majority. The first respondent, who is the

guardian of the minors, is permitted to withdraw the accrued interest from

the minor’s deposit once in three months directly from the said Bank. On

attaining majority, the second to fourth respondents are to be permitted to

withdraw their share, by filing suitable application before the Tribunal.

8. Accordingly, this Civil Miscellaneous Appeal stands disposed of.

No cost. Consequently, connected Miscellaneous Petition is closed.

22.04.2021

Index : Yes/No Internet : Yes/No jen

____________ Page No 4 of 6 C.M.A.No.1747 of 2020

To

1.The Motor Accident Claims Tribunal, (Special District Judge), Krishnagiri.

2.The Section Officer, V.R.Section, Madras High Court.

____________ Page No 5 of 6 C.M.A.No.1747 of 2020

C.SARAVANAN, J.

jen

C.M.A.No.1747 of 2020 and C.M.P.No.12838 of 2020

22.04.2021

____________ Page No 6 of 6