Madras High Court
The Oriental Insurance Co. Ltd vs Mani on 3 December, 2021
CMA.No.959 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA No.959 of 2020 and
CMP.No.6057 of 2020
The Oriental Insurance Co. Ltd.,
Shiva Complex, Saradha College Road,
Salem-16. ...
Appellant
Vs
1.Mani
2.Minor Komaladevi
3.Minor Gopika
(Minors 2 and 3 are rep. by their father guardian Mani)
4.Bajan ... Respondents
Prayer: This Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree made in
M.A.C.T.O.P.No.510 of 2018 on the file of the Motor Accidents Claims
Tribunal (II Additional District Judge) at Salem, dated 5.4.2019.
For Appellant : Mr.M.Krishnamoorthy
For Respondents : Mr.S.P.Yuvaraj
1/4
https://www.mhc.tn.gov.in/judis
CMA.No.959 of 2020
JUDGMENT
The Insurance Company is on appeal against the award,
particularly against the direction for payment and recovery.
2.The claimants sought for compensation for the death of one
Kalaiarasi, wife of the first claimant and the mother of claimants 2 and 3 in
the motor accident that occurred on 19.01.2018. Even in the claim petition it
was pleaded that the said Kalaiarasi was travelling as a passenger in a
Mahindra pick up van (goods vehicle).
3.The Tribunal however directed the Insurance Company to pay
the compensation on the ground that the deceased was a 3rd party.
4.Mr.Krishnamoorthy, learned counsel appearing for the Insurance
Company is not questioning the quantum of compensation, he is only on the
question of liability. He would rely upon the judgment of a Division Bench
of this Court, to which I was a party, in Bharati AXA General Insurance
Company Limited vs Aandi and others reported in 2018 (2) TN MAC 731, in
which the Division Bench had followed the judgment of the Hon'ble Full
Bench in United India Insurance Company Limited vs. Nagammal and
others reported in 2009 (1) TN MAC 1.
5.Mr.S.P.Yuvaraj, learned counsel appearing for the respondents is
https://www.mhc.tn.gov.in/judis
CMA.No.959 of 2020
in a unenviable position and is unable to sustain the order of the Tribunal
directing payment and recovery.
6.In view of the binding precedents, the Civil Miscellaneous
Appeal is allowed on the conclusion that the Insurance Company is not
liable to pay the compensation. The direction to pay and recovery will stand
deleted. The award against the owner is confirmed. No costs. Consequently,
the connected Civil Miscellaneous Petition is closed.
7.It is seen that the Insurance Company has deposited 25% of the
compensation pursuant to the interim order passed in CMP.No.6057 of 2020
and the Insurance Company is permitted to take back the amount deposited.
03.12.2021
vs
Index: No
Speaking order
To
1. The Motor Accidents Claims Tribunal
(II Additional District Judge), Salem.
2. The Section Officer,
VR Section, Madras High Court, Chennai.
R.SUBRAMANIAN, J.
https://www.mhc.tn.gov.in/judis
CMA.No.959 of 2020
vs
CMA No.959 of 2020 and
CMP.No.6057 of 2020
03.12.2021
https://www.mhc.tn.gov.in/judis
