Madras High Court
National Insurance Co.Ltd vs A.Selvaraj on 5 February, 2021
C.M.A.No.2158 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM:
THE HON'BLE Mr. JUSTICE D.KRISHNAKUMAR
C.M.A.No.2158 of 2007
and
M.P.No.1 of 2007
National Insurance Co.Ltd.,
Gandhipuram,
Coimbatore – 641 012. ... Appellant
..vs..
1.A.Selvaraj
2.Pappammal
3.Arukkani
4.Kannammal
5.Easwari
6.Vijayakumar
7.Sangeetha
8.S.Mohan
9.Sivakumar
[Respondents 8 and 9 exparte in lower court]
... Respondents
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C.M.A.No.2158 of 2007
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the judgment and decree in MCOP.No.188 of 1995, dated
26.04.2006, on the file of the Motor Accidents Claims Tribunal, Additional
District Sessions Judge and Special Court for E.C.Act Cases, Coimbatore.
For Appellant : Mr.E.Rajadurai
For Respondents : Mr.Bharatha Chakravarthi
for M/s.Sai & Bharath for R1 to R7
R8 and R9 - Notice unserved
JUDGMENT
[This matter is taken up for hearing through Video-Conferencing]
This Civil Miscellaneous Appeal is filed as against the judgment and
decree in MCOP.No.188 of 1995, dated 26.04.2006, on the file of the Motor
Accidents Claims Tribunal, Additional District Sessions Judge and Special
Court for E.C.Act Cases, Coimbatore.
The facts of the case in brief is as follows:-
2. On 25.10.1992 the 1st petitioner's father Alagiriswamy crossed the
road, at that time the 8th respondent herein drove his motor cycle from East
to West bearing Regn.No.TCC – 3496 in a rash and negligent manner and
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C.M.A.No.2158 of 2007
dashed against the victim and the he was thrown out on the road and
sustained injuries on his head and multiple injuries all over his body.
Immediately he was taken to Ramakrishna Hospital for treatment and
subsequently he died in the hospital on 02.11.1992. Claiming that the
accident had happened only due to the rash and negligent driving of the 8 th
respondent motor cycle which was insured with the appellant herein, the
legal heirs of Alagiriswamy filed M.C.O.P.No.188 of 1995 claiming a sum of
Rs.1,00,000/- as compensation.
3. Before the Tribunal, the 1st respondent herein was examined as
PW1 and Ex.A1 to A6 were marked. On the side of the Insurance Company
no Witnesses were examined and no documents were marked. The Tribunal
on a consideration of the materials, had awarded a sum of Rs.62,000/-
along with the interest at the rate of 7.5% p.a.
4. The learned counsel for the appellant had filed a petition before
this court challenging the award passed by the Tribunal mainly on the
ground that the respondents/ claimants have not filed proof of any
insurance policy in the claim petition nor has filed any of the insurance
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C.M.A.No.2158 of 2007
policy before the Tribunal. Therefore, the finding of the Tribunal fastening
the liability as against the appellant/ Insurance Company is unsustainable
and therefore the said award passed by the Tribunal is liable to be set
aside. He further submitted that even in the appeal they have not
produced the particulars of insurance policy in support of their contention.
Therefore, the award passed against the appellant is liable to be set aside.
5. The learned counsel appearing for the respondents/ claimants
would fairly submit before this court that he had contacted the counsel who
appeared for the claimants before the Tribunal as well as the claimants, but
he is unable to secure the particulars and furnish before this court.
6. In the light of the aforesaid submissions of the learned counsel for
the respondents/ claimants and the fact that despite opportunities given by
this court, the respondents/ claimants have not produced the copy of the
insurance policy of the vehicle before this court, this court is of the view
that the award passed by the Tribunal as against the appellant is liable to
be set aside.
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C.M.A.No.2158 of 2007
7. Accordingly, the award passed by the learned Additional District
Sessions Judge and Special Court for E.C.Act Cases, Coimbatore in
MCOP.No.188 of 1995, dated 26.04.200 is set aside in so far as the
appellant/ Insurance Company is concerned and the Civil Miscellaneous
Appeal is allowed. There shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
8. In is represented by the learned counsel appearing for the
appellant that the entire compensation amount has been deposited. It is
open to the appellant/ Insurance Company to file appropriate application
before the Tribunal to withdraw the amount deposited.
05.02.2021
dsa
Index : Yes/ No
Internet : Yes/ No
Speaking order/ Non-speaking order
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C.M.A.No.2158 of 2007
D.KRISHNAKUMAR, J.,
dsa
To
1.The Motor Accidents Claims Tribunal,
Additional District Sessions Judge
and Special Court for E.C.Act Cases,
Coimbatore.
2.The National Insurance Co.Ltd.,
Gandhipuram,
Coimbatore – 641 012.
CMA.No.2158 of 2007
05.02.2021
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