Madras High Court
National Insurance Company Ltd vs L.Sudharsan on 7 July, 2021
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
and
C.M.P.No.20144 of 2018 and C.M.P.No.4616 of 2019
CRP.NPD.No.3602 of 2018
National Insurance Company Ltd.,
751, Anna Salai,
Chennai – 600 002.
Branch at:
No.661, Trunk Road,
Poonamallee
Chennai – 600 056. ... Petitioner
Vs.
1. L.Sudharsan
2. R.A.Navab John ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order and decretal order dated
04.04.2017 made in I.A.No.985 of 2016 in MCOP.No.838 of 2012 on the
file of III Additional District Judge, Thiruvallore camp at Poonamallee and
allow the Civil Revision Petition as prayed for.
For Petitioner : Mrs.S.R.Sree Vidhya
For Respondents : Mr.Varadha Kamaraj (for R-1)
: Mr.D.Ferdinard for
M/s.BFS Legal (for R-2)
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
C.M.A.No.1612 of 2019
National Insurance Company Ltd.,
751, Anna Salai,
Chennai – 600 002.
Branch at:
No.661, Trunk Road,
Poonamallee
Chennai – 600 056. ... Appellant
Vs.
1. L.Sudharsan
2. R.A.Navab John ... Respondents
PRAYER: The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated
19.03.2014 in MCOP.No.838 of 2012 on the file of the Motor Accident
Claims Tribunal-III Additional District Judge at Poonamallee.
For Appellant : Mrs.S.R.Sree Vidhya
For Respondents : Mr.Varadha Kamaraj (for R-1)
: Mr.D.Ferdinard for
M/s.BFS Legal (for R-2)
COMMON JUDGMENT
C.R.P.NPD.No.3022 of 2018 is directed as against the order and
decretal order passed in I.A.No.985 of 2016 in MCOP.No.838 of 2012
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
dated 19.03.2014 on the file of the Motor Accident Claims Tribunal-III
Additional District Judge, Poonamallee, thereby dismissing the petition to
review the order passed in M.C.O.P.No.838 of 2012.
2. C.M.A.No.1612 of 2019 is directed as against the judgment and
decree dated 19.03.2014 in MCOP.No.838 of 2012 on the file of the Motor
Accident Claims Tribunal-III Additional District Judge, Poonamallee,
thereby awarded a sum of Rs.1,25,000/- as compensation.
3. The appellant is the second respondent in the claim petition filed
by the first respondent herein. The case of the claimant is that on
02.04.2012 at 16.45 hours, when he was riding his motor cycle on CTH
Road, Ambattur, near Telephone Exchange, the driver of the bus owned by
the second respondent herein had driven the bus in a rash and negligent
manner and hit the claimant's motor cycle. Due to which, he sustained
multiple and grievous injuries with fractures. Therefore, the first respondent
filed a claim petition before the claims Tribunal. The vehicle owned by the
second respondent is insured with the appellant herein.
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
4. Resisting the same, the appellant herein filed a counter and stated
that the accident did not took place on the rash and negligent driving of the
bus, but the accident took place only on the rash and negligent driving of
the claimant and as such, he sustained multiple and grievous injuries with
fractures. Therefore, the appellant/Insurance Company is not liable to pay
any compensation.
5. On the side of the claimant, P.W.1 and P.W.2 were examined and
documents were marked as Ex.P.1 to Ex.P.6. On the side of the respondents
in the Claim Petition, no one was examined and no documents were marked.
6. On a perusal of the oral and documentary evidence, the claims
Tribunal concluded that the accident took place only on the rash and
negligent driving of the driver of the bus owned by the second respondent
herein. The offended vehicle is insured with the appellant herein and
therefore, the Tribunal directed the appellant and the second respondent to
severally and jointly pay the compensation of Rs.1,25,000/- with interest at
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
the rate of 7.5% from the date of petition. Aggrieved by the same, the
present Civil Miscellaneous Appeal has been preferred by the appellant
herein.
7. The learned counsel for the appellant/Insurance Company
submitted that the insurance policy was not marked before the Tribunal. The
second respondent herein fabricated the insurance policy, as if issued by the
appellant herein and the Tribunal awarded the compensation payable by the
appellant herein. Therefore, the appellant also filed a review application to
review the award passed by the Tribunal. She further submitted that the
vehicle owned by the second respondent herein was originally insured with
the United India Insurance Company from 30.03.2011 to 29.03.2012.
Thereafter, he approached the appellant/Insurance Company only on
07.04.2012 and issued a cheque for new insurance policy for the bus.
Though the cheque was cleared on 07.04.2012, the insurance policy was
fabricated as if it was issued from 30.03.2012.to 29.03.2013. In the Review
Petition, both the policy were marked as Ex.P.1 and Ex.P.2. The Ex.P.2 is
the original insurance policy valid from 04.04.2012 to 03.04.2013, whereas
the accident took place on 02.04.2012. Therefore, the appellant/Insurance
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
Company is not liable to pay any compensation as awarded by the claims
Tribunal. In this regard, a complaint was also lodged and it is pending on
the file of the Special Investigation Team. However, the Court below
dismissed the Review petition.
8. Per contra, the learned counsel for the second respondent/owner of
the vehicle submitted that the bus owned by the second respondent was duly
insured with the United India Insurance Company and it was valid from
30.03.2011 to 29.03.2012. Thereafter, the second respondent approached
the appellant herein for the new insurance policy and issued the cheque
bearing No.65157 for a sum of Rs.31,322/- for insuring his bus. It was duly
received by the appellant and the policy was valid for the period from
30.03.2012 to 29.03.2013. In fact, the cheque was also duly encashed by the
appellant and the cheque amount was cleared from the second respondent's
account on 07.04.2012. The cheque was issued on 29.03.2012 and it was
presented later. However, the cheque was issued on 29.03.2012 and it was
encahsed by the appellant herein. After a period of one year from the date of
award, the appellant raised the plea that the insurance policy issued to the
second respondent's offending vehicle is a forged one. In the counter filed
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
in the claim petition also they did not even whisper about the insurance
policy as alleged in the review petition. That part, the said insurance policy
was not marked before the claims Tribunal. Only on the policy details and
counter filed by the appellant herein, the Tribunal awarded the
compensation and directed to pay compensation as per the policy. Only to
escape from the clutches of law, the appellant now came with a new plea
that the insurance policy itself is fabricated one. He also filed the insurance
policy, which was issued by the appellant dated 03.04.2012 before this
Court.
9. The learned counsel for the first respondent/claimant submitted
that insofar as the insurance policy is concerned, it was not marked before
the Tribunal. Only on the policy details, the Tribunal awarded the
compensation and directed the appellant as well as the second respondent
herein to severally and jointly pay the compensation to the claimant with
interest at the rate of 7.5%. The appellant did not even whisper about the
fabrication of policy in their counter before the Tribunal. After a period of
one year, in order to avoid the payment of compensation to the claimant, the
appellant raised the present plea of fabrication of the policy. He further
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
submitted that though the appellant lodged the complaint, even till today no
enquiry was conducted and pendency of the complaint is not an impediment
for the claimant to receive the compensation.
10. Heard both sides.
11. The appellant/Insurance Company is the second respondent in the
claim petition and the second respondent is the owner of the vehicle, which
caused the accident. Due to the accident, the first respondent/claimant
herein sustained multiple and grievous injuries with fractures and as such,
the Tribunal awarded a sum of Rs.1,25,000/- as compensation with interest
at the rate of 7.5% from the date of petition. The award was passed on
19.03.2014. After a period of two years, the appellant herein filed a review
petition to review the judgment and decree passed by the Tribunal on the
ground that the insurance policy of the second respondent's vehicle was
fabricated one and on the date of accident viz., on 02.04.2012, there was no
policy for the offending vehicle. The policy was issued on 03.04.2012,
which was valid from 04.04.2012 to 03.04.2013. It was marked as Ex.P.2.
The alleged fabricated policy was marked as Ex.P.1, it reveals that Ex.P.1 is
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
the policy valid from 30.03.2012 to 29.03.2013, which was issued on
03.04.2012.
12. On a perusal of the typed set filed by the second respondent
herein, it reveals that the second respondent's vehicle was originally insured
with the United India Insurance Company valid from 30.03.2011 to
29.03.2012. On the date of expiry, the second respondent approached the
appellant herein for new policy and issued the cheque for a sum of
Rs.31,322/- and the same was duly enchased by the appellant on
07.04.2012. It might be presented for collection one day or two days before
07.04.2012 and the amount was deducted from the second respondent's
account on 07.04.2012. Normally, the Insurance Company will issue policy
after commencing the date of validity of the policy. Accordingly, the
appellant/Insurance Company received a cheque from the second
respondent dated 29.03.2013 and was issued policy on 03.04.2012 and the
policy was valid from 30.03.2012 to 29.03.2013. Therefore, at the time of
accident viz., on 02.04.2012, the vehicle owned by the second respondent
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
was duly insured with the appellant/Insurance Company and as such, the
Tribunal rightly directed the appellant to pay the compensation. Hence, this
Court finds no infirmity or illegality in the order passed by the Court below.
13. Accordingly, this Civil Miscellaneous Appeal is dismissed. No
costs. However, if the investigation reveals that the insurance policy, which
was produced by the second respondent in favour of the appellant herein, is
a fabricated one, the appellant is at liberty to recover the compensation from
the second respondent. The Insurance Company shall deposit the entire
compensation amount, along with interests and costs, as awarded by the
Claims Tribunal, less the amount already deposited, if any, within a period
of six weeks, from the date of receipt of a copy of this judgment. On such
deposit being made, the Tribunal is directed to transfer the deposited
amount to the Savings Bank Account of the claimant herein, within one
week thereafter, through RTGS. Consequently, connected MP is closed.
14. In view of the order passed in C.M.A.No.1612 of 2019, this Civil
Revision Petition is also dismissed. Consequently, the connected
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
Miscellaneous Petition is closed. No costs.
07.07.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
1. The Motor Accident Claims Tribunal
(III Additional District Judge at Poonamallee.
2. The Section Officer,
V.R.Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
G.K.ILANTHIRAIYAN,J.
Kv
CRP.NPD.No.3602 of 2018
and
C.M.A.No.1612 of 2019
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3602 of 2018 and C.M.A.No.1612 of 2019
07.07.2021
https://www.mhc.tn.gov.in/judis/
