Madras High Court
Divisional Manager vs Giri @ Jeyagiri on 18 February, 2021
C.M.A(MD)No.1546 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.1546 of 2010
and
M.P(MD)No.4 of 2010
Divisional Manager,
National Insurance Co., Ltd.,
1754/1756, Mahojiappa Street,
Thanjavur. .. Appellant
vs.
1.Giri @ Jeyagiri
2.Priya John
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988 against the award dated 04.12.2003 made in MCOP
No.156 of 2001, on the file of the Motor Accident Claims Tribunal, Sub-
Court, Kumbakonam.
For Appellant : Mr.A.S.Mathiyalgan
For Respondents : Mr.A.Thiruvadikumar (for R1)
No appearance (for R2)
1/6
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C.M.A(MD)No.1546 of 2010
JUDGMENT
This civil miscellaneous appeal has been preferred by the
Insurance Company challenging the Judgment of the Motor Accident
Claims Tribunal, Sub-Court, Kumbakonam passed in MCOP No.156 of
2001 dated 04.12.2003.
2.The facts in brief are that the first respondent filed a claim
petition before the Tribunal seeking compensation of Rs.5,00,000/-. It is
his case that on 20.05.1999, he was proceedings in his bicycle from east
to west direction at Andakudy. At that time, an Ambassador car bearing
registration No.TMG 8474 came in a high speed and hit against him. In
the accident, he sustained injuries and immediately, he was taken to the
Government Hospital, Kumbakonam and thereafter, he was admitted in a
private hospital. Since the accident had occurred due to the negligence
of the driver of the car, the owner as well as the insurer are liable to pay
compensation.
3.The claim was resisted mainly contending that the cheque, which
was issued for payment of premium was subsequently, dishonoured and
hence, they are not liable to pay compensation.
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C.M.A(MD)No.1546 of 2010
4.The Tribunal, after analyzing the evidence adduced by the
parties, came to the conclusion that the driver of the car was negligent
and he caused the accident and while deciding the liability, the Tribunal
observed that the dishonour of the cheque was not properly intimated to
the insured and hence, the insurance company is liable to pay
compensation.
5.Heard Mr.A.S.Mathiyalagan, learned counsel for the appellant
and Mr.A.Thiruvadikumar, learned counsel for the first respondent.
Though name of the second respondent is printed in the cause list, none
appeared for him.
6.A perusal of the records would reveal that on behalf of the
appellant two witnesses were examined and they have categorically
stated that under Ex.R1-Policy, the offending vehicle was insured for a
period from 27.06.1998 to 26.06.1999 and the cheque issued for payment
of premium was dishonoured. Ex.R.2 is a letter of intimation of
dishonour of cheque. Ex.R4 is the dishonoured cheque and the appellant
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C.M.A(MD)No.1546 of 2010
under Ex.R.6 cancellation of the policy was intimated to the insured.
Ex.R.7 is the acknowledgment card, which shows that the cancellation
was properly intimated to the owner on 25.07.1998, whereas the accident
admittedly had taken place on 20.05.1999. The Tribunal overlooking the
evidence referred supra Exs.R4, R6 and R7 held that the dishonour of the
cheque was not properly intimated to the owner of the vehicle. Hence,
finding of the Tribunal on this aspect cannot be countenanced.
Accordingly, the liability of the insurance company is set aside.
7.In the result, this Civil Miscellaneous Appeal is allowed. The
claimant is permitted to recover the award amount from the owner of the
vehicle. If any amount is deposited and lying to the credit of the claim
petition, the same shall be refunded to the appellant/Insurance Company.
No costs. Consequently, connected miscellaneous petition is closed.
18.02.2021
Index:Yes/No
Internet:Yes/No
skn
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C.M.A(MD)No.1546 of 2010
To
1.The Motor Accident Claims Tribunal,
Sub-Court, Kumbakonam.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A(MD)No.1546 of 2010
K.KALYANASUNDARAM.,J
skn
JUDGMENT MADE IN
C.M.A(MD)No.1546 of 2010
and
M.P(MD)No.4 of 2010
18.02.2021
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