Madras High Court
The National Insurance Company ... vs M.Jaganathan on 17 April, 2021
C.M.A.Nos.1347 & 1348 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.Nos.1347 & 1348 of 2021
and
C.M.P.Nos.6947 & 6950 of 2021
The National Insurance Company Ltd,
Branch Office,
Door No.157/1, Deepam Complex,
Opposite Aavin Dairy,
Bharathi Nagar, Erode – 638 316. ... Appellant in both C.M.As
Vs.
1.M.Jaganathan
2.L.Valarmathi ... Respondents in C.M.A.No.1347 of 2021
1.Gomathi
2.K.Prabhakaran
3.K.Vimalraj
4.D.Amudha ... Respondents in C.M.A.No.1348 of 2021
Prayer in C.M.A.No.1347 of 2021:Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the fair and
decreetal order dated 15.03.2018 made in M.A.C.T.O.P.No.186 of 2016,
on the file of the Motor Accidents Claims Tribunal, Subordinate Court,
Tiruchengode.
Prayer in C.M.A.No.1348 of 2021:Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the fair and
decreetal order dated 31.07.2019 made in M.A.C.T.O.P.No.185 of 2016,
on the file of the Motor Accidents Claims Tribunal, Subordinate Court,
Tiruchengode.
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Page No 1 of 5
C.M.A.Nos.1347 & 1348 of 2021
For Appellant : M/s.N.B.Surekha
(in both C.M.As)
C O M M O N JUDGMENT
These appeals have been preferred by the Insurance Company
against the impugned judgment and decree dated 31.07.2009 in
M.A.C.T.O.P.Nos.186 & 185 of 2016 passed by the Motor Accidents
Claims Tribunal, Subordinate Court, Tiruchengode.
2.The case of the appellant/Insurance Company is that the Tribunal
failed to note that the insurer vehicle had carried 23 persons as per Ex.P.1
FIR. Even though, the insurer vehicle had a seating consisting capacity
for only 13 persons.
3.C.M.A.No.1348 of 2021 against M.A.C.T.O.P.No.185 of 2016
arises out of fatal death while C.M.A.No.1347 of 2021 against
M.A.C.T.O.P.No.186 of 2016 pertains to injury.
4.The appellant/Insurance Company has not questioned the
quantum of compensation awarded by the Tribunal. The only ground in
the present appeal is that the Tribunal failed to observe note 23 persons
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Page No 2 of 5
C.M.A.Nos.1347 & 1348 of 2021
travelled in the vehicle, even though, the insured vehicle viz., MAXI Cab
Van had a seating capacity for only 13 person. The appellant/Insurance
Company has not brought any evidence to substantiate their case that the
accident was due to over loading of the insured Maxi Cab. No other
issues survives for adjudication. Only two claims have been filed.
Therefore, I do not find any merits in these appeals filed by the
appellant/Insurance Company.
5.The appellant/Insurance Company is therefore directed to deposit
the compensation awarded by the Tribunal, together with interest at 7.5%
per annum from the date of numbering of the claim petition till the date
of such deposit, less any amount already deposited by it, within a period
of six weeks from the date of receipt of a copy of this Judgment.
6.On such deposit being made by the appellant/Insurance
Company, the 1st respondent/claimant in both C.M.As are permitted to
withdraw their share together with interest accrued thereon, less any
amount already withdrawn in the same proportion as was ordered by the
Tribunal.
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Page No 3 of 5
C.M.A.Nos.1347 & 1348 of 2021
7.These Civil Miscellaneous Appeals are dismissed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
17.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
Subordinate Court, Tiruchengode.
2.The V.R.Section,
Madras High Court.
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https://www.mhc.tn.gov.in/judis/
Page No 4 of 5
C.M.A.Nos.1347 & 1348 of 2021
C.SARAVANAN, J.
jas
C.M.A.Nos.1347 & 1348 of 2021
and
C.M.P.Nos.6947 & 6950 of 2021
17.04.2021
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Page No 5 of 5
