Madras High Court
The Oriental Insurance Company ... vs Murugammal on 3 December, 2021
C.M.A.(MD)No.14 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.14 of 2014
and
M.P.(MD)No.1 of 2014
The Oriental Insurance Company Limited,
Through its Divisional Manager,
Office at No.24/E/12/A, S.N.High Road,
Sivakasi Shopping Complex,
Tirunelveli. ...Appellant/2nd Respondent
Vs.
1.Murugammal
2.Sankar
3.Ramkumar
4.Udayamoorthy ...Respondent Nos.1 to 4/
Petitioner Nos.1 to 4
5.Mahendran ...5th Respondent/1st Respondent
PRAYER: Civil Miscellaneous Petition is filed under Section 173 of
M.V.Act, 1988, to set aside the award of Rs.2,76,000/- (Rupees Two lakhs
Seventy Six thousand only) passed in M.C.O.P.No.1415 of 2010, dated
31.07.2013 on the file of the Motor Accidents Claims Tribunal Cum II
Additional District and Sessions Judge, Tirunelveli.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.14 of 2014
For Appellant : Mr.A.Ilango
For Respondents: No Appearance
JUDGMENT
The appellant / Oriental Insurance Company, the second respondent in
M.C.O.P.No.1415 of 2010 on the file of the Motor Accidents Claims Tribunal
Cum II Additional District & Sessions Judge, Tirunelveli has filed the present
appeal. The respondents 1 to 4/claimants have filed the claim petition under
Section 163(A) of the Motor Vehicles Act, 1988, seeking compensation of
Rs.6,37,000/- for the death of one Sankaranarayanan, in a road accident,
which occurred on 27.02.2009.
2. It is a case of fatal accident, which took place on 27.02.2009 at
about 2.00 p.m., when the deceased Sankaranarayan was riding in a motor
cycle bearing Registration No.TN-76-D-7427 belonging to the first
respondent insured with the second respondent from Tenkasi to Panpozhi
main road, at that time, when the motor cycle was reaching near Ramar Koil
at Kuthukalvalasai, suddenly, a buffalo crossed the road and the deceased
has applied sudden brake. Due to the impact of which, the deceased thrown
out from the motor cycle. Immediately, he was taken to Tenkasi Government
Hospital and after giving first-aid, he was taken to Sri Sakthi Hospital,
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.14 of 2014
Tirunelveli and admitted as inpatient from 27.02.2009 to 04.03.2009 and
thereafter, he was taken to Rose Mary Mission Hospital, Tirunelveli. But he
succumbed due to his injuries.
3.The claimants have filed a petition in M.C.O.P.No.1415 of 2010 on
the file of the Motor Accidents Claims Tribunal/II Additional District and
Sessions Judge, Tirunelveli, seeking compensation.
4.Before the Tribunal, on the side of the respondents 1 to 4
herein/claimants one witness was examined as P.W.1 and marked two
documents as Ex.P1 and Ex.P2. On the side of the appellant and fifth
respondent herein, two witnesses were examined as R.Ws.1 to 4 and marked
nine documents as Ex.R1 to Ex.R9.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsels for the appellant and claimant
and also on appreciating the evidences on record, directed both the
appellant/insurance company and 5th respondent/1st respondent to pay a sum
of Rs.2,76,000/-as compensation. Against which, the appellant/Insurance
Company alone has preferred this appeal.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.14 of 2014
6.The learned counsel appearing for the appellant contended that
though sufficient evidence was adduced by the respondents to show that the
deceased was not having a valid driving licence on the date of the accident,
the Tribunal fastened the liability both on the Insurance Company and fifth
respondent. Therefore, he prayed this Court that 'pay and recovery' may be
ordered by this Court.
7. Heard Mr.A.Ilango, the learned counsel appearing for the appellant.
Eventhough the respondents names were printed in the cause list, no one
appeared on behalf of them and perused the materials available on record.
8.On perusal of records, it shows that before the Tribunal, the
appellant/ Insurance Company examined the staff of R.T.O., as RW2 to
prove that the license of the deceased was expired on the date of accident and
therefore, he issued notice, which was marked as Ex.R4 and Ex.R5 to
produce the license. But the owner of the motorcycle has not produced any
license for the deceased. So the appellant/Insurance Company clearly proved
that there was no license for the deceased on the date of accident. Hence, the
Tribunal ought to have ordered pay and recovery. Only on that ground, the
appellant filed this present appeal.
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C.M.A.(MD)No.14 of 2014
9. As far as the quantum of compensation is concerned, no arguments
were advanced by the learned counsel appearing for the appellant and no
cross objection or appeal was filed by the claimants. A perusal of the award
also shows that it is not on the higher side.
10. In the facts and circumstances of the present case, the order passed
by the Tribunal in M.C.O.P.No.1415 of 2010 on the file of the Motor
Accident Claims Tribunal / II Additional District and Sessions Judge,
Tirunelveli, is hereby modified. The appellant/Oriental Insurance Company
Limited, is directed to pay the award amount to the respondents 1 to 4/
claimants in the first instance and then, recover the same from the owner of
the motorcycle bearing Registration No.TN-76-D-7427 on the same cause of
action.
11.It is submitted that the appellant/Oriental Insurance Company
Limited that they have already deposited the entire award amount with
accrued interest. The respondents 1 to 4/claimants are entitled to withdraw
the same by filing necessary application before the Tribunal.
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C.M.A.(MD)No.14 of 2014
12. In the result, the Civil Miscellaneous Appeal is partly allowed. No
costs. Consequently, the connected Miscellaneous Petition is closed.
03.12.2021
Index :Yes/No
Internet:Yes/No
vsd
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 Accidents Claims Tribunal Cum
II Additional District and Sessions Judge,
Tirunelveli.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.14 of 2014
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.14 of 2014
and
M.P.(MD)No.1 of 2014
03.12.2021
https://www.mhc.tn.gov.in/judis
