The New India Assurance Company ... vs Arikrishnan(Died)
2021 Latest Caselaw 10930 Mad

                                                                                C.M.A.No.2200 of 2011

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 28.04.2021

                                                          CORAM:

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                C.M.A.No.2200 of 2011
                                                        and
                                                   MP.No.1 of 2011


                      The New India Assurance Company Ltd.,
                      Cuddalore N.T                                               ... Appellant


                                                             Versus

                      1.Arikrishnan(died)
                      2.Iyyappan
                        (As per order of this Court dated
                        28.04.2021, the death of the first
                        respondent was recorded)                                  ... Respondents

                      Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                      Vehicles Act, against the decree and judgment dated 05.10.2010 made in
                      M.C.O.P.No.1244 of 2007 on the file of the Motor Accident Claims Tribunal
                      (Additional Subordinate Judge-1), Cuddalore
                                          For Appellant         : Mr.K.Vinoth
                                                                  for Mrs.Elveera Ravindran

                                          For Respondents : No Appearance

                      Page 1 of 6


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                                                                                C.M.A.No.2200 of 2011


                                                  JUDGMENT

This appeal has been laid as against the decree and judgment dated

05.10.2010 made in M.C.O.P.No.1244 of 2007 on the file of the Motor

Accident Claims Tribunal (Additional Subordinate Judge-1), Cuddalore,

thereby awarded the compensation to the tune of Rs.1,80,000/-.

2. For the sake of convenience, the parties are referred to

hereunder according to their litigative status before the Tribunal.

3. The learned counsel for the appellant / insurance company

submitted that the first respondent was the rider of the two wheeler and on

rash and negligent driving of the first respondent, the accident took place,

due to which the claimant sustained injury and the Tribunal awarded

compensation. He further submitted that the vehicle owned by the first

respondent is insured with the second respondent and as such the Tribunal

fixed liability on both the respondents jointly and severally to pay

compensation. The Tribunal failed to see that the first respondent did not

possess valid licence to drive the motorcycle. Ex.P5 was marked by the

claimant and it revealed that the first respondent possessed driving licence

http://www.judis.nic.in C.M.A.No.2200 of 2011

only to drive light motor vehicle and not for motorcycle with gear. Therefore,

it is violation of policy and as such he sought for order of pay and recovery.

4. Heard Mr.K.Vinoth, learned counsel appearing for the

appellant.

5. On perusal of driving licence which was marked as Ex.P5 by

the claimant revealed that the driving licence was issued to the first

respondent to drive light motor vehicle. Therefore, there is a clear violation

of the policy condition and the first respondent / second respondent herein is

held to be liable to pay the entire compensation. Accordingly, the Civil

Miscellaneous Appeal is allowed as follows:-

(i) The award amount of Rs.1,80,000/- passed by the Tribunal is hereby confirmed.

(ii) The award amount will carry the interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit.

(iii) The appellant / second respondent is directed to deposit the entire award amount, less the amount, if any, already deposited, along with accrued interest within a period of six weeks from the date of receipt of copy

http://www.judis.nic.in C.M.A.No.2200 of 2011

of this Judgment. The appellant / second respondent is at liberty to recover the above award amount from the second respondent herein.

(iv) On such deposit, the legal heirs of the deceased first respondent herein are permitted to withdraw the amount awarded by the Tribunal by filing proper application before the Tribunal.

(v) There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

                                                                                       28.04.2021
                      Index:Yes/No                                                        (2/2)
                      Internet: Yes/no
                      Speaking/Non-speaking Order

                      lok







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                                                              C.M.A.No.2200 of 2011




                      To

1.The Additional Subordinate Judge-1, Motor Accident Claims Tribunal, Cuddalore

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

http://www.judis.nic.in C.M.A.No.2200 of 2011

G.K.ILANTHIRAIYAN, J.

lok

C.M.A.No.2200 of 2011

28.04.2021

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