Madras High Court
United India Insurance Company ... vs The Superintending Engineer on 16 December, 2021
C.M.A.(MD)No.1178 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.1178 of 2011
and
M.P.(MD)No.1 of 2011
United India Insurance Company Limited,
Salem, Rep. by its Manager
Salem,
Salem District. ...Appellant/3rd Respondent
Vs.
1.The Superintending Engineer,
Kanyakumari Electricity Distribution Circle,
Tamil Nadu Electricity Board,
Nagercoil and Village,
Agasteeswaram Taluk,
Kanyakumari District. ...1st Respondent/Petitioner
2.Subbaiah ...2nd Respondent/1st Respondent
3.Vadivel ...3rd Respondent/2nd Respondent
4.The Branch Manager,
United India Insurance Company Limited,
Xavier Building, P.W.D.Office Road,
Nagercoil and Village,
Agasteeswaram Taluk,
Kanyakumari District. ...4th Respondent/4th Respondent
(Notice to R4 may be dispensed with since
he was implicated for administration purpose)
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1178 of 2011
PRAYER: Civil Miscellaneous Petition is filed under Section 173 of Motor
Vehicle Act, 1988, to set aside or modify the order of the Tribunal in
M.C.O.P.No.265 of 2009, dated 04.07.2011 on the file of the Motor
Accidents Claims Tribunal, First Additional Subordinate Court, Nagercoil.
For Appellant : Mr.J.S.Murali
For Respondents: No Appearance
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside or modify
the order of the Tribunal in M.C.O.P.No.265 of 2009, dated 04.07.2011 on
the file of the Motor Accidents Claims Tribunal, First Additional Subordinate
Court, Nagercoil.
2. On 25.09.2003 at about 1.00 hours in the early morning, the first
respondent drove his vehicle bearing Registration No.TAL-6796 in a rash
and negligent manner and dashed against the transformer available near
Thovalai and thereby, caused damages to the petitioner to a tune of
Rs.1,25,700/-. Due to the rash and negligent driving of the second respondent
herein, the property viz, transformer 100 KVA was damaged and connected
materials were also damaged. The occurrence was reported to the Sub
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C.M.A.(MD)No.1178 of 2011
Inspector of Police, Aralvoimozhi by the Junior Engineer (Distribution),
Tamil Nadu Electricity Board, Thovalai and registered a case in Cr.No.501 of
2003 for the offences under Section 279 IPC. After investigation, charge
sheet was also laid before the Judicial Magistrate, Boothapandy in S.T.C.No.
287 of 2004 and the second respondent admitted the offence and paid
Rs.500/- as fine.
3.The first respondent/petitioner has filed a petition in M.C.O.P.No.265
of 2009 on the file of the Motor Accidents Claims Tribunal/I Additional
Subordinate Court, Nagercoil, seeking compensation of Rs.1,25,700/-.
4.Before the Tribunal, on the side of the first respondent/petitioner, one
witness was examined as P.W.1 and marked eleven documents as Ex.P1 to
Ex.P13. On the side of the appellant herein/3rd respondent, one witness was
examined as R.W.1 and marked one document as Ex.R1.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsels for the petitioner and
respondents and also on appreciating the evidences on record, held that the
accident was occurred only due to the rash and negligent driving of the driver
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1178 of 2011
of the second respondent herein and directed the appellant and the second
and third respondents herein to pay a sum of Rs.71,400/- as compensation.
Against which, the appellant/Insurance Company has preferred this appeal.
6.The learned counsel appearing for the appellant/Insurance Company
contended that the Tribunal ought have directed the appellant Insurance
Company to pay only Rs.6,000/-, as per the policy conditions, out of the
awarded compensation amount to the claimant (R1) and directed the balance
amount to be paid by the owner of the vehicle (R3). Therefore, he prayed this
Court to modify the award amount.
7.Heard Mr.J.S.Murali, the learned counsel appearing for the appellant
and no representation for the respondents.
8.On perusal of records, it shows that as per Ex.R1 in respect of any
one claim or series of claims arising out of one event, the liable is fixed at
Rs.6,000/-. The Tribunal has also came to conclusion that as per the policy,
the Insurance Company has to pay only Rs.6,000/-, but discussed about
various judgment and awarded Rs.71,400/-. But all the citations are related
to injury cases. Hence, in the present case, the appellant/United India
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1178 of 2011
Insurance Company is liable to pay only Rs.6,000/- and the 3rd
respondent/owner of the vehicle to pay the remaining amount of Rs.65,400/-
to the petitioner/1st respondent herein.
9. In the facts and circumstances of the case, the order passed by the
Tribunal in M.C.O.P.No.265 of 2009 on the file of the Motor Accidents
Claims Tribunal/I Additional Subordinate Court, Nagercoil, is hereby
modified. The appellant/United India Insurance Company Limited, is
directed to pay a sum of Rs.6,000/- and the third respondent herein is
directed to pay the remaining amount of Rs.65,400/- to the first respondent
herein within a period of four weeks from the date of receipt of a copy of this
order.
10. In the result, the Civil Miscellaneous Appeal is partly allowed. No
costs. Consequently, the connected Miscellaneous Petition is closed.
Index :Yes/No 16.12.2021
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1178 of 2011
S.ANANTHI, J.
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/
I Additional Subordinate Court,
Nagercoil.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
C.M.A.(MD)No.1178 of 2011
and
M.P.(MD)No.1 of 2011
16.12.2021
https://www.mhc.tn.gov.in/judis
