Madras High Court
United India Insurance Company ... vs K.Venkatesan on 9 February, 2021
C.M.A(MD)No.1684 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.02.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD) Nos.1684 & 1685 of 2010
and
M.P(MD)Nos.1 & 1 of 2010
C.M.A(MD)No.1684 of 2010
United India Insurance Company Limited,
Represented by its Manager,
Seethalakshmi Complex,
Tirunagar, Madurai. ... Appellant/2nd Respondent
vs.
1.K.Venkatesan ... Respondents/Petitioners
2.M.Jothi ... Respondent/1st Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the judgment and decree, dated
21.04.2010 and made in M.C.O.P.No.2082 of 2002, on the file of the
Motor Accident Claims Tribunal/Additional Sub Court-IV, Madurai.
For Appellant : Mr.R.Srinivasan
For R2 : Mr.A.B.Prabhakar
For R1 : No appearance
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C.M.A(MD)No.1684 of 2010
C.M.A(MD)No.1685 of 2010
United India Insurance Company Limited,
Represented by its Manager,
Seethalakshmi Complex,
Tirunagar, Madurai. ... Appellant/2nd Respondent
vs.
1.Ganirajan @ Ganiarasan ... Respondent/Petitioner
2.M.Jothi ... Respondent/1st Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the judgment and decree dated 21.04.2010
made in M.C.O.P.No.2068 of 2002 on the file of the Motor Accident
Claims Tribunal/Additional Sub Court-IV, Madurai.
For Appellant : Mr.R.Srinivasan
For R2 : Mr.A.B.Prabhakar
For R1 : No appearance
COMMON JUDGMENT
These appeals arise out of the order passed in M.C.O.P.Nos.2082
& 2068 of 2002, on 21.04.2010 by the Motor Accident Claims
Tribunal/Additional Sub Court-IV, Madurai. In both cases, the Tribunal
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C.M.A(MD)No.1684 of 2010
has awarded a sum of Rs.10,000/- each. Challenging the award, these
appeals have been filed.
2. The first respondent in both appeals are the injured claimants. It
is their case that on 25.04.2002 they travelled in a Mini Van bearing
Registration No.TN-55-F-3366 as a load man. It is also seen that the van
was used for carrying harvesting machine. The contention of the
appellant before the Tribunal was that the injured claimants were owners
of the harvesting machines, but, no addition premium was paid to cover
their liability.
3. A perusal of the judgment, impugned in these appeals, shows
that the claimants have proved that they are the loadman and they
travelled in the mini van at the time of accident. The award appears to be
a reasonable one and hence, no interference is required in these appeals.
Therefore, both the appeals are dismissed.
4. The appellant/Insurance Company is directed to deposit the
entire award amount with accrued interest and costs, less the amount
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C.M.A(MD)No.1684 of 2010
already deposited, if any, within a period of eight weeks from the date of
receipt of a copy of this order. On such deposit being made, the claimants
are permitted to withdraw the award amount by making necessary
application before the Tribunal. No costs. Consequently, connected
miscellaneous petitions are closed.
Index:Yes/No
Internet:Yes/No 09.02.2021
am
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 Accident Claims Tribunal
Additional Sub Court-IV, Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A(MD)No.1684 of 2010
K.KALYANASUNDARAM,J.
am
JUDGMENT MADE IN
C.M.A(MD) Nos.1684 & 1685 of 2010
09.02.2021
http://www.judis.nic.in
