Govindaraj vs K.Ramakrishnan
2021 Latest Caselaw 2470 Mad

                                                                     C.M.A.(MD) No.959 of 2010


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 03.02.2021

                                                     CORAM:

                           THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                             C.M.A.(MD) No.959 of 2010


                  Govindaraj                                                     ... Appellant

                                                        -vs-


                  1.K.Ramakrishnan

                  2.P.Saaratham

                  3.The Manager
                    National Insurance Co.
                    Pudukkottai                                                  ... Respondents


                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor

                  Vehicles Act, 1988, to set aside the Judgment and Decree, dated 04.02.2000

                  in M.C.O.P.No.202 of 1998, on the file of the Motor Accident Claims Tribunal

                  (Sub Court), Kumbakonam.


                           For Appellant            : Mr.S.Sivathilakar

                           For Respondents          : No appearance for R1
                                                      R2 – Dismissed
                                                       vide Court Order dated 26.06.2019
                                                      Mr.S.Srinivasa Raghavan for R3

                  Page 1 of 4

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                                                                    C.M.A.(MD) No.959 of 2010


                                                JUDGMENT

Heard Mr.S.Sivathilakar, learned counsel appearing for the appellant

and Mr.S.Srinivasa Raghavan, learned counsel appearing for the third

respondent – Insurance Company and perused the materials available on

record.

2. This is a case of injury. The appellant sought compensation of

Rs.5,00,000/- for the injuries sustained by him in an accident occurred on

24.02.1997. The Tribunal, having found that the offending vehicle was not

insured on the date of the accident, exonerated the third respondent –

Insurance Company from paying the award amount and passed the Award as

against the owner of the vehicle for a sum of Rs.54,500/-. Seeking

enhancement of the compensation, the injured claimant has come up with

this appeal.

3. It is seen that as against the owner of the offending vehicle /

second respondent, the appeal came to be dismissed on 26.06.2019.

Admittedly, on the date of the accident, the offending vehicle was not insured

with the third respondent – Insurance Company. Hence, the findings of the

Tribunal with regard to exonerating the Insurance Company from paying the

http://www.judis.nic.in C.M.A.(MD) No.959 of 2010

award amount and making the second respondent liable to pay the award

amount, do not warrant any interference of this Court. The appellant, who

seeks compensation from the owner of the offending vehicle, failed to take

steps to serve notice on him. Therefore, this civil miscellaneous appeal is

dismissed for default. No costs.

                                                                            03.02.2021

                  Internet : Yes / No
                  Index    : Yes / No

                  Note :
                  In view of the present lock down
                  owing to COVID-19 pandemic, a
                  web copy of the Judgment may be

utilized for official purposes, but, ensuring that the copy of the Judgment that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

krk

To:

1.The Sub Court, Motor Accident Claims Tribunal, Kumbakonam.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in C.M.A.(MD) No.959 of 2010

K.KALYANASUNDARAM, J.

krk

C.M.A.(MD) No.959 of 2010

03.02.2021

http://www.judis.nic.in