Madras High Court
National Insurance Co. vs Palaniammal on 18 February, 2021
CMA(MD)No.942 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 18.02.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)No.942 of 2010
and
C.M.P(MD)No.2 of 2010
National Insurance Co., Ltd.,
Branch Office – II,
Jerome Building
Fort Station Road,
Trichy -2.
.. Appellant
vs.
1.Palaniammal
2.V.Justin Prem Kumar
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988 to set aside the fair and decretal order dated
16.06.2009 made in MCOP No.554 of 2006 on the file of the Motor
Accident Claims Tribunal (District Judge) at Karur.
For Appellant : Mr.S.Srinivasa Raghavan
For Respondent : Mr.M.Karthikeya Venkitachalapathy
1/7
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CMA(MD)No.942 of 2010
JUDGMENT
Challenging the award passed by the Motor Accident Claims
Tribunal, District Judge, Karur, in M.C.O.P.No.554 of 2006 dated
16.06.2009, the Insurance Company has filed this appeal.
2.It is the case of the fatal accident. It is the case of the claimant
that on 05.05.2003 at 1.30 p.m, the deceased Balammal was standing on
the Karur-Salem N.H.7 main road near Manmangalam Bus stop. At that
time, a Bajaj Boxer motorcycle bearing registration No.TN-45-R-7962
came from north to south in a rash and negligent manner and dashed
against the deceased. In the accident, the deceased sustained head injury
and multiple abrasion and grievous injuries all over the body.
Immediately, she was taken to Government Hospital, Karur, where she
was inpatient till 02.06.2003. Even after discharge from the hospital, the
deceased was bedridden in her home and continued treatment. Thereafter,
on 09.09.2003, she was died. The claimant is the daughter of the
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CMA(MD)No.942 of 2010
deceased. Alleging that the accident had taken place due to the rash and
negligent driving of the rider of the motorcycle, the claimant laid a
petition, claiming compensation of Rs.5,00,000/-.
3.Resisting the claim, the appellant Insurance Company filed their
counter disputing the manner of accident, age, avocation and income of
the deceased and its liability to pay the compensation.
4.The claim petition was tried by the Tribunal and to substantiate
the case, on the side of the claimant P.W.1 and P.W.2 were examined and
Ex.P1 to Ex.P7 were marked. On the side of the appellant/Transport
Corporation, R.W.1 was examined and Ex.R1 was marked.
5.The Tribunal, after considering the oral and documentary
evidence held that both the rider of the motorcycle and the deceased are
responsible for the accident and fixed 70% negligence on the part of the
rider of the motorcycle and 30% negligence on the part of the deceased
and awarded compensation of Rs.56,500/- along with interest at the rate
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CMA(MD)No.942 of 2010
of 7.5% p.a. Assailing the award, the appellant Insurance Company has
filed the present appeal.
6.Heard the learned counsel appearing on either side and perused
the materials available on record.
7.The appellant Insurance Company has filed this appeal
challenging the quantum and the manner of accident.
8.A perusal of the judgment of the Tribunal would show that the
Tribunal after considering Ex.P.5-Charge Sheet, Ex.P.6 Extract of the
STC Register, Ex.P.3 Rough Sketch and Ex.P.4 M.V. Report held that
both the rider of the motorcycle and the deceased are responsible for the
accident and fixed 70% liability on the part of the rider of the motorcycle
and 30% liability on the part of the deceased. Further, a perusal of the
judgment of the Tribunal would show that the Tribunal after considering
the evidence of the claimant awarded Rs.56,500/- with interest at the rate
of 7.5% per annum to the claimant as compensation. Though the learned
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CMA(MD)No.942 of 2010
counsel for the appellant Insurance Company has contended that the
award is on the higher side and it requires reduction and disputed the
manner of the accident, this Court is of the view that the Tribunal has
awarded a just and reasonable compensation and rightly fixed liability at
70:30.
9.In that view, the Civil Miscellaneous Appeal is dismissed, as
devoid of merits. Since the appeal is dismissed, 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.
18.02.2021
Index:Yes/No
Internet:Yes/No
skn
http://www.judis.nic.in
CMA(MD)No.942 of 2010
To
1.The Motor Accident Claims Tribunal,
Additional District Court,
Fast Track Court No.II, Tiruchirappalli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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CMA(MD)No.942 of 2010
K.KALYANASUNDARAM,J
skn
JUDGMENT MADE IN
C.M.A(MD)No.942 of 2010
and
C.M.P(MD)No.2 of 2010
18.02.2021
http://www.judis.nic.in
