Madras High Court
The Oriental Insurance Company ... vs Vijay (Minor) on 8 July, 2021
C.M.A. Nos.1552 to 1555 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.1552 to 1555 of 2016
and
C.M.P.Nos.11743 to 11746 of 2016
and
CROS OBJ. No.75 of 2016
C.M.A. No.1552 of 2016
The Oriental Insurance Company Ltd.
Rep. by its Divisional Manager
Vellore. ...Appellant
..Vs..
1. Vijay (minor), S/o. D. Ganesan
Rep. by his mother, Mythili
2. N. Durairaj, S/o. Nadulan ...Respondents
C.M.A. No.1553 of 2016
The Oriental Insurance Company Ltd.
Rep. by its Divisional Manager
Vellore. ...Appellant
..Vs..
1. Govindaraj, S/o. Krishnan
2. N. Durairaj, S/o. Nadulan ...Respondents
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1552 to 1555 of 2016
C.M.A. No.1554 of 2016
The Oriental Insurance Company Ltd.
Rep. by its Divisional Manager
Vellore. ...Appellant
..Vs..
1. Mythili, W/o. D. Ganesan
2. N. Durairaj, S/o. Nadulan ...Respondents
C.M.A. No.1555 of 2016
The Oriental Insurance Company Ltd.
Rep. by its Divisional Manager
Vellore. ...Appellant
..Vs..
1. Tmt. Rajammal, W/o. Late V. Gothanda Chetty
2. K. Ellappan, S/o. Late V. Gothanda Chetty
3. C. Unnamalai, D/o. late. V. Gothanda Chetty
4. N. Durairaj, S/o. Nadulan ...Respondents
COMMON PRAYER: Civil Miscellaneous Appeals filed under
Section 173 of Motor Vehicles Act, 1988 against the common Judgment
and Decree dated 26.02.2016, made in M.C.O.P.Nos.74, 77, 78 and 84
of 2013 on the file of Motor Accident Claims Tribunal (Sub Court),
Gudiyattam, Vellore District.
For Appellant : Mr. K.Vinod in all the appeals.
C.M.A. No.1552 of 2016
For R1 and R2 : No appearance
C.M.A. No.1553 of 2016
For R1 : Mr. G. Vinodh Kumar
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1552 to 1555 of 2016
For R2 : No appearance.
C.M.A. No.1554 of 2016
For R1 : Mr. G. Vinodh Kumar
For R2 : No appearance.
C.M.A. No.1555 of 2016
R1 : Died
For R2 & R3 : Mr. N. Manokaran
For R4 : No appearance :
CROS. OBJ. No.75 of 2016
Rajammal (died)
1. K. Ellappan
S/o. Late V. Gothanda Chetty
2. C. Unnamalai,
D/o. Late V. Gothanda Chetty ...Cross Objectors
Vs.
1. The Oriental Insurance Company Ltd.
Rep. by its Divisional Manager
Vellore.
2. N. Durairaj
S/o. Nadulan ...Respondents
PRAYER: Cross Objection filed under Order 41 Rule 22 of Civil
Procedure Code praying to enhance the compensation amount awarded in
the judgment and decree dated 26.02.2016 made in M.C.O.P. No.84 of
2013 on the Motor Accident Claims Tribunal/Sub Court, Gudiyattam,
Vellore District.
For Cross Objectors : Mr. N. Manokaran
For R1 : Mr. K. Vinod.
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1552 to 1555 of 2016
COMMON JUDGMENT
These appeals have been filed by the Insurance Company
challenging the common award passed by the Motor Accident Claims
Tribunal/Sub Court, Gudiyattam, Vellore District, in MCOP Nos, 74/13,
77/13, 78/13 and 84/13.
2. The appellant/Insurance Company has challenged the common
award on the ground that they are not liable to pay the compensation
since the driver of the vehicle did not have a valid and effective driving
licence at the time of the accident and the vehicle carried excess
passengers as against the permitted capacity of three passengers. The
appellant/Insurance Company has not seriously disputed the quantum of
compensation awarded by the Tribunal to the respective claimants and its
main grievance is only with regard to its liability.
3. It is settled law that in case of policy violations, the insurer will
have to pay the compensation and thereafter recover the same from the
insured.
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C.M.A. Nos.1552 to 1555 of 2016
4. The Tribunal, under the impugned common award, has
adequately considered the contention of the appellant/Insurance
Company, which has been raised before this Court, and has rightly
awarded pay and recovery rights to the Insurance Company on the
ground that the driver of the vehicle was not in possession of a valid and
effective driving licence and has also carried excess passengers and
hence, there is absolutely no merit in the appeals filed by the Insurance
Company. As regards the quantum of compensation awarded by the
Tribunal to the respective claimants are concerned, the assessment made
by the Tribunal is a just compensation and further the appellant having
not raised any serious dispute in these appeals with regard to the said
assessment, this Court is also not inclined to interfere with the quantum
of compensation awarded by the Tribunal to the respective claimants.
5. A Cross Objection has been filed by one of the claimants in
MCOP No.84 of 2013, which has been numbered as Cros Obj. No.75 of
2016 seeking for enhancement of compensation. There are several
discrepancies/inconsistencies as pointed out by the learned counsel for
the appellant in the claim petition. In the claim petition, the age of the
deceased is mentioned as 70 years, the age of the wife is mentioned as 65
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1552 to 1555 of 2016
years, the age of the son is mentioned as 59 years and the age of the
daughter is mentioned as 61 years. When the age of the deceased, as
pleaded in the claim petition, is 70 years, it is not possible for the son to
be aged 59 years and the daughter to be aged 61 years. Before the
Tribunal, the cross objector has also not filed any documents to prove
that the deceased was aged 70 years. Therefore, this Court is of the
considered view that, since the compensation awarded by the tribunal
under the respective awards is a just compensation in view of the fact
that there are several discrepancies / inconsistencies in the pleadings of
the claimant in MCOP No.84/13, there is no merit in the Cros Obj. No.75
of 2016 also.
6. For the foregoing reasons, this Court does not find any merit in
these appeals and accordingly, the Civil Miscellaneous Appeals shall
stand dismissed and the Cross Objection filed in Cros. Obj. No.75 of
2016 is also dismissed. No costs. Consequently, connected
miscellaneous petitions are closed.
7. The Appellant / Insurance Company is directed to deposit the
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C.M.A. Nos.1552 to 1555 of 2016
entire award amount awarded by the Tribunal together with interest at
7.5% p.a. from the date of claim petition till the date of realization, less
the amount, if any, already deposited to the credit of M.C.O.P.Nos.74,
77, 78 and 84 of 2013 on the file of Motor Accident Claims Tribunal
(Sub Court), Gudiyattam, Vellore District, within a period of four weeks
from the date of receipt of a copy of this Judgment. On such deposit
being made, the Tribunal is directed to transfer the award amount directly
to the bank account of the respondents / claimants through RTGS, within
a period of two weeks thereafter.
08.07.2021
Index : Yes / No
Internet : Yes / No
bga
To
Motor Accident Claims Tribunal (Sub Court),
Gudiyattam, Vellore District
https://www.mhc.tn.gov.in/judis/
C.M.A. Nos.1552 to 1555 of 2016
ABDUL QUDDHOSE, J.
Bga
C.M.A.Nos.1552 to 1555 of 2016
and
C.M.P.Nos.11743 to 11746 of 2016
and
CROS OBJ. No.75 of 2016
08.07.2021
https://www.mhc.tn.gov.in/judis/
