Madras High Court
New India Assurance Co. Ltd vs Vellaiammal on 1 October, 2021
C.M.A.Nos.2097 & 2098 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.2097 & 2098 of 2018 &
CMP.Nos.16241 & 16242 of 2018
New India Assurance Co. Ltd.,
Obli Towers, No.594, TP Road,
RS Puram, Coimbatore
... Appellant in both CMAs.
Vs
1.Vellaiammal
2.Manimekalai
3.Minor Sathiya
4.Minor Saranya
5.Minor Sangeetha
6.Angammal
(Minors 3 to 5 represented by
their mother and NF 1st
respondent herein)
... Respondents 1 to 6 in CMA.No.2097 of 2018
1.Thangarasu ... 1st Respondent in CMA.No.2098 of 2018
Sakthivel ... 7th Respondent in CMA.No.2097 of 2018 &
2nd Respondent in CMA.No.2098 of 2018
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C.M.A.Nos.2097 & 2098 of 2018
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section
173 of the Motor Vehicles Act, against the Judgments and Decrees in
MCOP.Nos.55 of 2012 dated 13.08.2014 on the file of the Motor Accident
Claims Tribunal, Subordinate Judge, Kallakurichi and in MCOP.No.98 of
2013 dated 27.06.2014 on the file of the Motor Accident Claims Tribunal,
III Additional District Court, Kallakurichi.
For Appellant in both CMAs. : Mr.M.Krishnamoorthy
COMMON JUDGMENT
These appeals have been filed by the Insurance Company challenging
its liability to pay compensation under the impugned award dated
13.08.2014 passed by the Motor Accident Claims Tribunal, Subordinate
Judge, Kallakurichi in MCOP.Nos.55 of 2012 and the impugned award
dated 27.06.2014 passed by the Motor Accident Claims Tribunal, III
Additional District Court, Kallakurichi in MCOP.No.98 of 2013.
2. The Appellant Insurance Company has challenged the respective
impugned awards only on the ground that the driver of the insured vehicle
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C.M.A.Nos.2097 & 2098 of 2018
did not possess a badge for driving a commercial vehicle. However, as seen
from the evidence available on record, the driver of the insured vehicle was
possessing a LMV driving license, but he did not possess only a badge for
driving a commercial vehicle.
3. The law is now well settled by the decision of the Hon'ble Supreme
Court in the case of Mukund Dewangan vs. Oriental Insurance Company
Limited reported in 2017 SCC Online SC 788, wherein the Hon'ble
Supreme Court has held that the badge is not required for the purpose of
claiming compensation under section 166 of the Motor Vehicles Act and it
is sufficient for the claimants to claim compensation under section 166 of
the Motor Vehicles Act, if the driver of the insured vehicle holds a LMV
license and if the weight of the commercial vehicle is less than 7500 kgs.
4. Since the law is well settled by the Hon'ble Supreme Court, there is
no merit in these appeals. Accordingly, these appeals are dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.
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C.M.A.Nos.2097 & 2098 of 2018
5. The Appellant Insurance Company is directed to deposit the
amount awarded by the Tribunal, after deducting the amount already
deposited if any, together with interest from the date of claim till the date of
deposit to the credit of MCOP.Nos.55 of 2012 & 98 of 2013 and costs
within a period of four weeks from the date of receipt of a copy of this
common judgment. On such deposit being made, the Tribunal shall transfer
the respective share of award amount lying to the credit of MCOP.No.55 of
2012 to the bank account of the first, second and sixth
respondents/claimants in CMA.No.2097 of 2018 and also transfer the
amount lying to the credit of MCOP.No.98 of 2013 to the bank account of
the first respondent/claimant in CMA.No.2098 of 2018 through RTGS
within a period of one week thereafter. Since the third, fourth and fifth
Respondents/claimants in CMA.No.2097 of 2018 are minors, their
respective share of award amount shall be deposited in interest bearing fixed
deposit in any one of the Nationalised Banks till they attain the age of
majority and the mother/first Respondent in CMA.No.2097 of 2018 is
permitted to withdraw the interest once in six months for the welfare of the
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C.M.A.Nos.2097 & 2098 of 2018
minors. If the minors attain the age of majority, it is open for them to file a
formal petition to declare them as majors.
01.10.2021
nl
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
To
1. The Subordinate Judge, Kallakurichi
2.The III Additional District Court, Kallakurichi.
3.The Section Officer, V.R.Section, High Court of Madras.
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C.M.A.Nos.2097 & 2098 of 2018
ABDUL QUDDHOSE, J.
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C.M.A.Nos.2097 & 2098 of 2018
01.10.2021
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