Madras High Court
The Branch Manager vs A.Periyasamy ...1St on 23 November, 2021
C.M.A.(MD)No.697 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.697 of 2011
and
M.P.(MD)No.1 of 2011
The Branch Manager,
National Insurance Company Limited,
No.63, Rasi Plaza,
West Pradhakshina Road,
Karur – 639 002. ...Appellant/2nd Respondent
Vs.
1.A.Periyasamy ...1st respondent/petitioner
2.R.Chandrasekaran ...2nd respondent/1st respondent
PRAYER: Civil Miscellaneous Petition is filed under Section 173 of Motor
Vehicle Act, 1988, to set aside or modify the order of the Tribunal in
M.C.O.P.No.177 of 2008, dated 10.11.2010 on the file of the Motor
Accidents Claims Tribunal, Chief Judicial Magistrate Court, Karur and allow
the appeal.
For Appellant : Mr.J.S.Murali
For R-1 : Mr.R.Mathialagan
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.697 of 2011
JUDGMENT
The appellant / National Insurance Company, the second respondent in
M.C.O.P.No.177 of 2008 on the file of the Motor Accidents Claims
Tribunal/Chief Judicial Magistrate Court, Karur has filed the present appeal.
The first respondent/claimant filed the claim petition under Section 166 of
the Motor Vehicles Act, 1988 seeking compensation of Rs.3,10,000/- for the
injuries sustained by him in a road accident on 14.02.2008.
2. The case of the claimant in nutshell is as follows:
On 14.02.2008, the claimant was riding his two wheeler T.V.S. Super
XL bearing registration No.TN-47-Q-5046 proceeds towards North to South
in the Karur- Vangal road, keeping to his extreme left side of the road near
Arasu Colony and about 11.45 am, a speeding Maruthi Omni Van bearing
Registration No.TN-01-A-2827 hit him, as a result of which, he fell down
and sustained injuries all over his body. According to the claimant, the rash
and negligent driving of the driver of the Maruthi Omni Van belonging to the
second respondent was the cause for the accident and that since the said
vehicle was insured with the present appellant, the owner and the insurer are
jointly and severally liable to pay compensation.
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C.M.A.(MD)No.697 of 2011
3.The owner of the Maruthi Omni Van remained absent before the
Tribunal and therefore he was set as exparte. The National Insurance
Company Limited contested the claim petition on all the grounds available to
the insured. The learned Chief Judicial Magistrate/ Motor Accident Claims
Tribunal, Karur while awarding compensation of Rs.72,900/- together with
interest at the rate of 7.5% per annum to the claimant, held that the Insurance
Company is liable to pay the compensation to the claimant. Aggrieved over
the orders passed by the Tribunal, the National Insurance Company Limited
has filed the present appeal under Section 173 of the Motor Vehicles Act,
1988.
4.Mr.J.S.Murali, learned counsel appearing for the appellant contended
that though sufficient evidence was adduced by the respondents to show that
the rider of the motorcycle was not having a valid driving licence on the date
of the accident, the Tribunal fastened the liability on the Insurance Company.
Therefore, he would pray this Court that 'pay and recovery' may be ordered
by this Court.
5.Heard Mr.R.Mathialagan, learned counsel appearing for the first
respondent / claimant and also he has agreed for pay and recovery.
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C.M.A.(MD)No.697 of 2011
6.In the judgment reported in (2004)13 SCC 224 in the case of Oriental
Insurance Co. Ltd., Vs. Nanjappan and others, the Hon'ble Apex Court made
the following observations:-
“8.Therefore, while setting aside the
judgment of the High Court we direct in terms of
what has been stated in baljit Kaur's case (supra)
that the insurer shall pay the quantum of
compensation fixed by the Tribunal, about which
there was no dispute raised, to the respondent-
claimants within three months from today. For the
purpose of recovering the same from the insured,
the insurer shall not be required to file a suit. It may
initiate a proceeding before the concerned
Executing Court as if the dispute between the
insurer and the owner was the subject matter of
determination before the Tribunal and the issue is
decided against the owner and in favour of the
insurer. Before release of the amount to the
insured, owner of the vehicle shall be issued a
notice and he shall be required to furnish security
for the entire amount, which the insurer will pay to
the claimants. The offending vehicle shall be
attached, as a part of the security. If necessity
arises the Executing court shall, take assistance of
the concerned Regional Transport authority. The
Executing Court shall pass appropriate orders in
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C.M.A.(MD)No.697 of 2011
accordance with law as to the manner in which the
insured, owner of the vehicle shall make payment to
the insurer. In case there is any default it shall be
open to the Executing court to direct realization by
disposal of the securities to be furnished or from
any other property or properties of the owner of the
vehicle, the insured. The appeal is disposed of in
the aforesaid terms, with no order as to costs.”
7. In the facts and circumstances of the present case, the orders passed
by the Tribunal directing the Insurance Company to pay the award amount is
liable to be set aside. Therefore, the National Insurance Company Limited, is
directed to pay the award amount to the first respondent/ claimant in the first
instance and then recover the same from the owner of the Maruthi Omni Van.
8. As far as the quantum of compensation is concerned, no arguments
were advanced by the learned counsel appearing for the appellant and no
cross objection or appeal was filed by the claimant. A perusal of the award
also shows that it is not on the higher side.
9. In the result,
(i)The Civil Miscellaneous Appeal is allowed. No costs. Consequently,
the connected Miscellaneous Petition is closed.
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C.M.A.(MD)No.697 of 2011
(ii) The quantum of compensation awarded by the Tribunal is upheld.
(iii) The present appellant / National Insurance Company Limited, is
directed to deposit the compensation awarded by the Tribunal i.e.,
Rs.72,900/- together with interest at the rate of 7.5% per annum from the date
of claim petition till the date of deposit to the credit of M.C.O.P.No.177 of
2008 on the file of the Motor Accident Claims Tribunal / Chief Judicial
Magistrate, Karur within a period of four weeks from the date of receipt of a
copy of this order and recover the same from the owner of the Maruthi Omni
Van bearing Registration No.TN-01-A-2827 on the same cause of action.
(iv) On such deposit being made, the first respondent / claimant is at
liberty to withdraw the same after following due process of law.
23.11.2021
Index :Yes/No
Internet:Yes/No
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Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
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C.M.A.(MD)No.697 of 2011
To
1. The Motor Accident Claims Tribunal/
Chief Judicial Magistrate, Karur.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.697 of 2011
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.697 of 2011
and
M.P.(MD)No.1 of 2011
23.11.2021
https://www.mhc.tn.gov.in/judis
