Madras High Court
The Branch Manager vs P.Parthiban on 15 December, 2021
C.M.A.No.3476 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3476 of 2021
and C.M.P.No.20087 of 2021
The Branch Manager,
Reliance General Ins. Co. Ltd.,
II Floor, Sri Abirami Towers, 438,
Cowley Brown Road,
R.S.Puram, Coimbatore 641 002 ... Appellant
Vs.
1. P.Parthiban
2. P.Selvan
3. K.Selvam
4. K.Ilayavan ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act 1988, against the Judgment and Decree dated 17-04-2021 passed in
M.C.O.P.No.203 of 2017, by the Motor Accident Claims Tribunal, Special Sub
Court (MACT), Coimbatore.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.3476 of 2021
For Appellant : Ms.C.Bhuvanasundari
******
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This appeal arises out of the order passed by the Motor Accident Claims
Tribunal, Special Sub Court (MACT), Coimbatore, in M.C.O.P No.203 of 2017
dated 17.04.2021.
2.For the sake of convenience parties are referred to as per their ranking in
the claim petition.
3.It is the case of the claimant that on 20.10.2015, when he was returning
from Hope College towards his residence, by his motor cycle - Pulsar bearing
Registration No.TN 37 CK 8411 and when proceeding on the Singanallur-
Kamarajar Road from north to southern direction, at about 5.00 am., near the
Ramanujar petrol bunk, on left side of road, the 1st respondent driven the
offending vehicle – Auto rickshaw bearing Registration No.TN 37 AY 6148 from
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C.M.A.No.3476 of 2021
the opposite direction in a rash and negligent manner, with over speed, dashed
against the motor cycle of the claimant. Due to which, the claimant sustained
grievous injuries. Alleging that the acecident had happened due to rash and
negligent driving of the 1st respondent, the claimant laid a claim petition for
compensation of Rs.50,00,000/- before the Tribunal.
4.The appellant/Insurance Company filed its counter disputing the manner
of accident, age, avocation and income of the deceased and its liability to pay the
compensation. It was also contended that the claim is excessive.
5.To substantiate the case, on the side of the claimants, witnesses P.W.1 and
2 were examined and Exs.P1 and 19 were marked. On the side of the
appellant/Insurance Company, neither the witnesses were examined nor the
documents were produced. Disability Certificate issued by the Medical Board,
Government College, Coimbatore has been marked as Ex.C.1. Exhibits produced
by the witnesses were marked as Ex.W.1 and 2.7
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C.M.A.No.3476 of 2021
6.The Tribunal, after considering the oral and documentary evidence held
that the 1st respondent was responsible for the accident and awarded
compensation of Rs.39,47,700/- to the claimant.
7.Assailing the award passed by the Tribunal, the appellant/Insurance
Company has filed the present appeal.
8.Heard Ms.C.Bhuvanasundari, learned counsel appearing for the
appellant/Insurance Company, and perused the materials available on record.
9.This appeal has been filed only challenging the quantum, hence, the other
issues need not be dealt with herein.
10.Though the learned counsel appearing for the appellant/Insurance
company has contended that the award is on the higher side by wrongly fixing
excessive monthly income of Rs.15,000/- and it requires reduction, perusal of the
records reveal that the Tribunal, on proper appreciation of evidence of pay slip
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C.M.A.No.3476 of 2021
(Ex.2), has awarded a just and reasonable compensation. We find no reason to
interfere with the conclusion reached by the Tribunal. Hence, this appeal is liable
to be dismissed.
11.In such view of the matter, this Civil Miscellaneous Appeal is dismissed
as devoid of merits. The appellant/Insurance Company is directed to deposit the
entire award amount with accrued interest and costs, 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, the claimant is permitted to withdraw the award
amount, less the amount already withdrawn, if any, together with proportionate
interest and costs. No costs. Consequently connected miscellaneous petition is
closed.
[M.K.K.S., J.] [V.S.G., J.]
15.12.2021
Index : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
Jer
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C.M.A.No.3476 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
To
1.The Motor Accident Claims Tribunal,
Special Sub Court (MACT), Coimbatore.
2.The V.R.Section,
Madras High Court,
Chennai.
Judgment made in
C.M.A.No.3476 of 2021
and C.M.P.No.20087 of 2021
Dated:
15.12.2021
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