Madras High Court
Branch Manager vs Sivagami on 3 September, 2021
C.M.A.No.690 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.690 of 2021
and
C.M.P.Nos.4159 and 10491 of 2021
Branch Manager,
The New India Assurance Co. Ltd.,
Door No.96, Bharathiyar Road,
Sathoor – 626 203. ... Appellant
Vs.
1.Sivagami
2.Chinnathambi
3.Sangeetha
4.S.Karthick ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Judgment and Decree dated 18.02.2020 made
in MCOP No.233 of 2019 on the file of the Motor Accident Claims Tribunal
(Special District Judge) at Dharmapuri.
1/7
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C.M.A.No.690 of 2021
For Appellant : MsA.Salomi
For Respondent : Mr.A.Ilaya Perumal
(for R1 to R3)
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This appeal arises out of the order passed by the Motor Accident Claims
Tribunal, (Special District Judge), Dharmapuri in MCOP No.233 of 2019.
2.This is the case of the fatal accident. The case of the claimants is that on
11.07.2018 at 01.00 hours, deceased Sekar went to the vacant land on the western
side of Bagalahalli to attend nature's call. When he waited on the road side in the
Salem-Dharmapuri National Highway, a Maruti Omni Ambulance van bearing
Reg.No.TN-70-6486 belonging to the fourth respondent herein and insured with
the appellant herein came in a rash and negligent manner and dashed against the
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C.M.A.No.690 of 2021
deceased. In the impact, the deceased sustained head injuries and he was rushed
to Government Dharmapuri Medical College Hospital in an ambulance, where he
took first-aid. Thereafter, he was referred to Government Mohan
Kumaramangalam Medical College Hospital, Salem and treated as inpatient. But
he died at 09.20 a.m. The first and second claimants are the parents and third
claimant is the sister of the deceased. Alleging that the accident had taken place
due to the rash and negligent driving of the driver of the Maruti Omni Ambulance,
the claimants laid a petition, claiming compensation of Rs.2,00,00,000/-.
3.Resisting the claim, the appellant Insurance Company filed their counter
disputing the manner of accident, age, avocation and income of the deceased and
its liability to pay the compensation. Further, in the counter, it has been
contended that in fact, an unknown vehicle knocked the deceased down and ran
over his head and even in the FIR, it has been stated like that. Further, the driver
of the Maruti Omni Ambulance had no valid driving licence and the vehicle had
no valid registration certificate and insurance. The claimants are not dependents
of the deceased and the third claimant is married and living with her husband. It
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C.M.A.No.690 of 2021
was also contended that the claim is excessive and exorbitant.
4.To substantiate the case, on the side of the claimants, P.Ws.1 to 3 were
examined and Exs.P1 to Ex.P.23 were marked. On the side of the
appellant/Insurance Company, R.W.1, one Adhiyaman was examined and Exs.R1
to R3 were marked.
5.The Tribunal, after considering the oral and documentary evidence, held
that the driver of the Maruti Omni Ambulance was responsible for the accident
and awarded compensation of Rs.42,98,010/- to the claimants. Assailing the
award, the appellant Insurance Company has filed the present appeal.
6.Heard Ms.A.Salomi, learned counsel appearing for the appellant
Insurance Company, Mr.A.Ilaya Perumal, learned counsel appearing for the
respondents/claimants and perused the materials available on record.
7.This appeal has been filed only challenging the quantum, hence, the other
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C.M.A.No.690 of 2021
issues need not be dealt with herein.
8.Though the learned counsel appearing for the appellant/Insurance
Company has contended that the award is on the higher side and it requires
reduction, on perusal of the records, we find that the Tribunal, on proper
appreciation of evidence of last month pay slip of deceased (Ex.P.22), has fixed
the monthly income and adopting correct multiplier awarded a just and reasonable
compensation. We find no reason to interfere with the conclusion reached by the
Tribunal. This appeal has no merit. Hence, this appeal is liable to be dismissed.
9.In such view of the matter, this Civil Miscellaneous Appeal is dismissed
as devoid of merits. The appellant/Insurance Company is directed to deposit the
entire award amount with accrued interest and costs, less the amount already
deposited, if any, within a period of eight weeks from the date of receipt of a copy
of this order. On such deposit, the claimants are permitted to withdraw the award
amount, as apportioned by the Tribunal, less the amount already withdrawn, if
any, together with proportionate interest and costs. No costs. Consequently,
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C.M.A.No.690 of 2021
connected miscellaneous petitions are closed.
[M.K.K.S.,J.] [V.S.G.,J.]
03.09.2021
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
Special District Judge,
Dharmapuri.
2.V.R.Section,
Madras High Court,
Chennai.
K.KALYANASUNDARAM, J.
http://www.judis.nic.in
C.M.A.No.690 of 2021
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.690 of 2021
and
C.M.P.Nos.4159 and 10491 of 2021
03.09.2021
http://www.judis.nic.in
