Madras High Court
V.Jamunarani vs M.R.Govindan on 7 October, 2021
C.M.A.Nos.855 of 2014 etc.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.855/14, 228/13, 229/13, 230/13, 933/14,
231/13, 232/13, 227/13, 226/13 & 233/13
and M.P.Nos.1 to 1 of 2013
C.M.A.No.855 of 2014
1. V.Jamunarani
2. Minor V.Srimathi
3. Minor V.Srilekha
4. Minor V.Abiraj
5. S.Boopathiammal
(A2 to A4 rep by NF & NG A1) .. Appellants
Vs.
1. M.R.Govindan
2. ICICI Lombard General Insurance Company Limited,
Zenith House, Keshavrrao Khadya Marg,
Mahalaxmi, Mumbai - 400 034.
3. M.Kandan
4. United India Insurance Company Ltd.,
No.9, Shanmugam Road, Tambaram West,
Chennai - 600 045. .. Respondents
Prayer in C.M.A.No.855 of 2014: Civil Miscellaneous Appeal filed under
Section 173 of the Motor Vehicles Act, 1988 seeking to set aside the Order
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C.M.A.Nos.855 of 2014 etc.,
and Decree dated 28.06.2011, made in M.C.O.P.No.426 of 2006, on the file
of the Motor Accidents Claims Tribunal, Principal Subordinate Court,
Chengalpattu and enhance the award amount.
For Appellants : Mr.P.Natarajan
in C.M.A.855/14
For Respondent 2 : Mrs.R.Srividhya
in C.M.A.855/14
For Respondent 4 : Mr.D.Baskaran
in C.M.A.855/14
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COMMON JUDGMENT
(The case has been heard through video conference)
These appeals have been filed challenging the awards passed in
M.C.O.P.Nos.469/06, 425/06, 426/06, 443/06, 471/06, 34/07, 38/07 and
280/07, by the Motor Accidents Claims Tribunal, Principal Subordinate
Court, Chengalpattu, dated 27.06.2011 and 28.06.2011 respectively.
2. C.M.A.Nos.226, 227, 228, 229, 230, 231, 232 and 233 of 2013 have
been filed by the insurance company challenging the contributory negligence
fixed by the Tribunal at 50% as against the driver of their insured lorry.
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C.M.A.Nos.855 of 2014 etc.,
C.M.A.Nos.933 and 855 of 2014 have been filed by the claimants seeking
for enhancement of compensation awarded by the Tribunal in
M.C.O.P.Nos.425 and 426 of 2006.
3. Admittedly, the lorry insured by the ICICI Lombard General
Insurance Ltd., was involved in a head on collusion with the car insured with
the United India Insurance Company Limited, which is also a party to all the
claim petitions. Being a head on collusion, as seen from the evidence
available on record, the Tribunal has rightly fixed the contributory
negligence on the part of the driver of the lorry insured with ICICI Lombard
General Insurance Ltd., as well as the car insured with the United India
Insurance Company Ltd., in the ratio of 50 : 50.
4. This Court does not find any infirmity in the findings of the
Tribunal. No coherent evidence has been produced by the ICICI Lombard
General Insurance Ltd., to disprove the findings of the Tribunal under the
impugned Awards. Hence, the fixation of contributory negligence by the
Tribunal between the two vehicles in the ratio of 50 : 50 is confirmed by this
Court.
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C.M.A.Nos.855 of 2014 etc.,
5. In so far as the quantum of compensation awarded by the Tribunal
to the claimants who are the appellants in C.M.A.Nos.933 of 2014 and 855
of 2014 are concerned, the learned counsel for the claimants fairly concedes
that the claimants are not entitled for any enhancement of compensation and
the same is recorded by this Court.
6. For the foregoing reasons, there is no merit in these appeals and
accordingly all these appeals are dismissed and the impugned awards passed
by the Tribunal are hereby confirmed. The Insurance Companies are
directed to deposit the award amount along with interest and costs, less the
amount already deposited, if any, within a period of six weeks from the date
of receipt of a copy of this judgment to the credit of M.C.O.P.Nos.469/2006,
425/2006, 426/2006, 443/2006, 471/2006, 34/2007, 38/2007 and 280/2007
respectively, on the file of the Motor Accidents Claims Tribunal, Principal
Subordinate Court, Chengalpattu. On such deposit of the compensation
amount, the claimants are permitted to withdraw their respective award
amount as directed by the Tribunal along with interest and costs, less the
amount, if any, already withdrawn by making necessary applications before
the Tribunal. So far as the amount awarded to the minor claimants are
concerned, the amount should be deposited in a fixed deposit in a
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C.M.A.Nos.855 of 2014 etc.,
nationalised bank as directed by the Tribunal and the accrued interest shall
be withdrawn as directed by the Tribunal. Consequently, the connected
miscellaneous petitions are closed. No costs.
07.10.2021
Index : Yes / No
kk
To
1. The Motor Accidents Claims Tribunal,
Principal Subordinate Court, Chengalpattu.
2. The Section Officer,
VR Section, High Court, Madras.
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C.M.A.Nos.855 of 2014 etc.,
ABDUL QUDDHOSE, J.
kk
C.M.A.Nos.855/14, 228/13, 229/13,
230/13, 933/14, 231/13, 232/13, 227/13,
226/13 & 233/13 and M.P.Nos.1 to 1 of 2013
07.10.2021
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