M/S.National Insurance Co. vs Thenmozhi .. Petitioner/
2021 Latest Caselaw 9372 Mad

                                                                         C.M.A(MD) No.167 of 2011


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 09.04.2021

                                                    CORAM

                         THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                            C.M.A(MD) No.167 of 2011
                                                     and
                                              M.P(MD)No.1 of 2011


                     M/s.National Insurance Co., Ltd.,
                     Through its Branch Manager,
                     Sub Collector Office Road,
                     Opposite to Court,
                     Dindigul.                           .. Respondent No.2/Appellant

                                                   vs.

                     1.Thenmozhi                         .. Petitioner/Respondent
                     2.Rajesh Kannan
                     3.P.Kaliaperumal              ..Respondent Nos.1 & 2/Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act 1988, to set aside the judgment and decree, dated
                     20.09.2010 passed in M.C.O.P.No.192 of 2009 on the file of the
                     MACT/Chief Judicial Magistrate Court, Dindigul.


                                   For Appellant    : Ms.P.Malini
                                   For R1           : Mr.A.Rahul
                                   For R2 & R3      : No appearance


                     1/6

https://www.mhc.tn.gov.in/judis/
                                                                           C.M.A(MD) No.167 of 2011




                                                  JUDGMENT

The Insurance Company has come up with this appeal challenging

the award passed by the Motor Accident Claims Tribunal, Chief Judicial

Magistrate, Dindigul in M.C.O.P.No.192 of 2009.

2. The first respondent herein filed the claim petition seeking

compensation of Rs.1,00,000/- for the injuries sustained by her in the

Motor Vehicle Accident occurred on 13.11.2008. It is alleged that when

she along with one Pitchaiammal were standing in front of Super

Medical on Dindigul-Palani main road, a motorcycle, bearing

Registration No.TN-57-F-7471, came in a high speed, hit against her. In

the accident, she sustained fracture on her left leg and also injuries all

over the body. Therefore, she is entitled for compensation.

3. The case of the appellant before the Tribunal was that the

manner of accident narrated in the claim petition are false. The claim is

highly excessive and out of all proportions. It is further stated that the

driver, who had driven the motorcycle, had no driving licence at the time

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.167 of 2011

of accident. So, the appellant is not liable to pay any compensation to the

claimant.

4. The claimant examined herself as P.W.1 and narrated the manner

of the accident in her evidence. In support of the oral evidence, Ex.P1-

First Information Report, Ex.P2-Motor Vehicle Inspector Report, Ex.P3

Wound Certificate, Ex.P4-Charge-sheet, Ex.P5-Disability Certificate,

Ex.P6-X-ray, were marked. The appellant examined two witnesses and

marked 5 documents to show that the driver of the vehicle did not have

any valid driving licence.

5. The Tribunal after analysing the evidence, awarded a sum of

Rs.58,000/- along with interest at the rate of 7.5% p.a. In this appeal, the

quantum is not seriously opposed by the appellant.

6. With regard to liability of the Insurance Company, it is

contended by the learned counsel for the appellant that when the Tribunal

found that the driver did not have valid driving licence, no liability can

be fixed on the Insurance Company.

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.167 of 2011

7. Considering the quantum of compensation awarded by the

Tribunal and the facts and circumstances of the case, this Court is not

inclined to interfere with the findings of the Tribunal.

8. In the light of the above, I find no merit in the appeal and hence,

the Civil Miscellaneous Appeal is dismissed. The appellant – Insurance

Company is directed to deposit the entire award amount with accrued

interest and costs as directed by the Tribunal, less the amount already

deposited, if any, within a period of eight weeks from the date of receipt

of a copy of this order. On such deposit being made, the first

respondent/claimant is permitted to withdraw the award amount by

making necessary application before the Tribunal. No costs.

Consequently, connected miscellaneous petition is closed.

                     Index:Yes/No
                     Internet:Yes/No                                             09.04.2021
                     am

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.167 of 2011

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Dindigul.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.167 of 2011

K.KALYANASUNDARAM,J.

am

JUDGMENT MADE IN

C.M.A(MD) No.167 of 2011

09.04.2021

https://www.mhc.tn.gov.in/judis/