Madras High Court
The Branch Manager vs Suseela on 21 September, 2021
C.M.A.No.2576 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2576 of 2021
and
C.M.P.No.14984 of 2021
The Branch Manager,
Reliance General Ins. Co. Ltd.,
Lakshmi Complex, 1st Floor,
Omalur main road,
Salem-4. ... Appellant
Vs.
1.Suseela
2.Krishnamoorthy
3.Palaniyammal
4.Vasant
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Decree and Judgment dated 05.04.2019 made
in MCOP No.790 of 2018 on the file of the Motor Accident Claims Tribunal,
Special District Judge Court at Salem.
1/7
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C.M.A.No.2576 of 2021
For Appellant : Ms.Bhuvanasundari
For Respondents : Mr.M.Guruprasad
(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 Court, Salem in MCOP No.790 of 2018 dated
05.04.2019.
2.This is the case of the fatal accident. The case of the claimants are that
on 05.10.2017 at 07.15 p.m, the deceased Ramalingam was riding his motorcycle
bearing Reg. No.TN-34-T-8717, on the left side of the Sankari to Pallipalayam
Main Road. When he was nearing Arumugam Lathe Works, the rider of the
motorcycle bearing Reg.No.TN-52-5061 rode the same in a rash and negligent
manner from north to south and dashed against the motorcycle of the deceased
and caused the accident. Due to the impact, the deceased sustained grievous
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C.M.A.No.2576 of 2021
injuries on head and immediately, he was taken to Be Well Hospital, Erode and
then to K.G.Hospital, Coimbatore and admitted there as inpatient. However, he
died on 30.10.2017 in the course of treatment. The first claimant is the wife, the
second claimant is the son and the third claimant is the mother of the deceased.
The fourth respondent herein is the owner of the offending vehicle bearing
Reg.No.TN-52-5061 and the appellant is the insurer of the offending vehicle.
Alleging that the accident had taken place due to the rash and negligent riding of
the rider of the motorcycle bearing Reg.No.TN-52-5061, the claimants laid a
petition, claiming compensation of Rs.30,00,000/-.
3.Resisting the claim, the appellant Insurance Company filed their counter
disputing the manner of accident, age, occupation and income of the deceased and
its liability to pay the compensation. Further, in the counter, it has been
specifically stated that the deceased drove his two wheeler on Salem-
Pallipalayam Road and suddenly, he crossed the road from east to west, hence, he
invited the accident. Therefore, the deceased alone was responsible for the
accident. It was also contended that the amount of compensation claimed under
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C.M.A.No.2576 of 2021
various heads is highly excessive.
4.To substantiate the case, on the side of the claimant, P.Ws.1 and 2 were
examined and Exs.P1 to Ex.P.19 were marked. On the side of the
appellant/Insurance Company, no document was marked and no witness was
examined.
5.The Tribunal, after considering the oral and documentary evidence, held
that the rider of the motorcycle bearing Reg.No.TN-52-5061 was responsible for
the accident and awarded compensation of Rs.24,29,826/- to the claimants.
Assailing the award, the appellant Insurance Company has filed the present
appeal.
6.Heard Ms.C.Bhuvanasundari, learned counsel appearing for the appellant
Insurance Company, Mr.M.Guruprasad, learned counsel appearing for the
respondents/claimants and perused the materials available on record.
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C.M.A.No.2576 of 2021
7.This appeal has been filed only challenging the quantum, hence, the other
issues need not be dealt with herein.
8.Though the learned counsel 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 Income Tax Return (Ex.P.14), 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
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C.M.A.No.2576 of 2021
amount, as apportioned by the Tribunal, less the amount already withdrawn, if
any, together with proportionate interest and costs. No costs. Consequently,
connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
21.09.2021
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
Special District Judge Court at Salem.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2576 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.2576 of 2021
and
C.M.P.No.14984 of 2021
21.09.2021
https://www.mhc.tn.gov.in/judis/
