M/S. United India Insurance Co. ... vs Vijayalakshmi
2021 Latest Caselaw 14557 Mad

                                                                               C.M.A. No. 1948 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 20.07.2021

                                                          CORAM :

                                    THE HON'BLE MR.JUSTICE N.KIRUBAKARAN
                                                     and
                                   THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                    C.M.A.No. 1948 of 2021
                                                              and
                                                    C.M.P.No. 10500 of 2021

                M/s. United India Insurance Co. Ltd.
                Having Office at Municipal Building
                Main Road, North Paravur
                Regional Office at Dr. Nanjappa Road
                Coimbatore.                                                           ... Appellant
                                                              Vs

                      1.   Vijayalakshmi
                      2.   Minor Aiswarya
                      3.   Minor Sooryah Alagan
                      4.   M.Sajan
                      5.   Manoj
                      6.   K.Krishnaveni
                      7.   K.Sai Ram
                      8.   K.Leela                                               ... Respondents

                           Civil Miscellaneous Appeal filed under Section 19 of the Family Courts
                Act, 1984, praying to set aside the award and decree dated 03.11.2018 made in
                M.C.O.P. No. 905 of 2011 passed by the Learned Judge, Motor Accidents
                Claims Tribunal, V Additional District and Sessions Judge, Coimbatore and
                allow this Civil Miscellaneous Appeal.
                                    For Appellant       : Mr. S.Arun Kumar
https://www.mhc.tn.gov.in/judis/
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                                                                                  C.M.A. No. 1948 of 2021

                                                  JUDGMENT

(Judgment of the Court was delivered by N.KIRUBAKARAN, J)

The matter has been heard through "Video Conference".

2. This Appeal has been preferred against the award of the Tribunal

fastening the liability on the Appellant /Insurance Company and awarding a

sum of Rs.28,50,200/- for the death of one Thiru. K.Sai Gopal, aged 36 years,

who was a business man-Civil Engineer earning a sum of Rs.14,180/- per

mensem.

3. In the accident occurred on 02.12.2009, when the victim was traveling

along with his friends in a jeep, he was hit by a Tempo traveler insured with the

Appellant /Insurance Company. Therefore, the claim petition.

4. Heard Mr. S.Arun Kumar, Learned Counsel for the Petitioner, and

perused the materials placed on record.

5. Only question is to be decided in this Appeal with regard to the liability.

The Tribunal, based on the evidence of PW2 / eye-witness and an FIR filed

against the driver of the Tempo traveler insured with Appellant /Insurance https://www.mhc.tn.gov.in/judis/

C.M.A. No. 1948 of 2021

Company, rightly found that the accident occurred because of the rash and

negligent driving of the driver of the Tempo traveler. However, there is no

contra evidence on behalf of the Appellant /Insurance Company to prove

otherwise contra the PW2 / eye-witness evidence.

6. In those circumstances, there is nothing to interfere with the order passed

by the Tribunal and the Appeal is liable to be dismissed. Arising out of the

same accident, an award has been passed, which was challenged before this

Court in C.M.A. Nos. 2584 and 1724 of 2019 and this Court dismissed those

Appeals and quantum of compensation was also reduced. However, this Court

confirmed the findings regarding the negligence.

7. In view of the above, this Appeal stands dismissed. Consequently,

connected Miscellaneous Petition is closed. No costs.

[N.K.K., J.] [T.V.T.S., J.] 20.07.2021 Maya

Index: Yes Internet : Yes Speaking order/Non-speaking order

https://www.mhc.tn.gov.in/judis/

C.M.A. No. 1948 of 2021

N.KIRUBAKARAN, J.

and T.V.THAMILSELVI, J.

Maya

To

1. Learned Judge, Motor Accidents Claims Tribunal, V Additional District and Sessions Judge, Coimbatore.

C.M.A. No. 1948 of 2021

https://www.mhc.tn.gov.in/judis/

C.M.A. No. 1948 of 2021

Dated: 20.07.2021

https://www.mhc.tn.gov.in/judis/