Madras High Court
New India Assurance Co. Ltd vs Ranga Nayagi on 22 September, 2021
C.M.A.No. 2338 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:22.09.2021
Coram
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No. 2338 of 2017
and
C.M.P.No.12584 of 2017
New India Assurance Co. Ltd.,
Kumaran Shopping Complex,
Kumaran Road, Tiruppur. .. Appellant
vs.
1.Ranga Nayagi
2.Jayalakshmi
3.Mekala
4.Minor R.Sathish
5.V.Subramaniam
6.Kuppammal
(minor rep. by his mother and
next friend 1st respondent)
7.R.Arunthathi
8.National Insurance Co. Ltd.,
Branch Office, 81 D Chetty Street,
Opp. Bus Stand,
Tiruchengode - 637 211, .. Respondents
Appeal filed under Section 173 of the Motor Vehicles Act, 1988
against the judgment and decree in M.C.O.P.No.581 of 2002 dated
21.04.2006 on the file of the Motor Accidents Claims Tribunal (Chief
Judicial Magistrate Court), Erode.
1/4
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 2338 of 2017
For Appellant : Ms.Harini
for Mr.N.Vijayaraghavan
For Respondents : Mr.K.Padmanabhan for R8
R7, R9 and R10 - exparte
R1 to R5 - Not ready in notice
JUDGMENT
This appeal has been filed by the insurance company,
questioning its liability to pay the compensation on the ground that the
opposite vehicle namely the lorry bearing Regn. No.TN 34 3372 was
alone responsible for the accident.
2.According to the appellant insurance company, as seen from
the evidence available on record, the driver of the insured vehicle viz.,
the Tata Sumo bearing Regn. No.TN 33 9999 was not involved in the
accident. The injured victims and the dependants of the deceased
involved in the very same accident had also preferred claim before the
Tribunal in M.C.O.P.Nos.468 of 2002, 472 of 2002, 468 of 2002 and
473 of 2002 on the file of the Motor Accidents Claims Tribunal (Chief
Judicial Magistrate), Erode, which resulted in the award passed in their
favour, which was challenged by the insurance company in
C.M.A.Nos.3117, 1367, 375 of 2007 & 3539 of 2014.
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 2338 of 2017
3.By order dated 20.04.2021, this Court in the connected
appeals, rejected the stand taken by the insurance company.
4.This Court has also perused and examined the order dated
20.04.2021 passed in the connected Civil Miscellaneous Appeals and is
in agreement with the view taken by another learned single Judge of
this Court. Therefore, the present appeal also does not deserve any
merit. Accordingly, this Civil Miscellaneous Appeal is also dismissed. No
costs. Consequently connected miscellaneous petition is closed.
22.09.2021
Index:Yes/No
mmi
To
1.The National Insurance Co. Ltd.,
Branch Office, 81 D Chetty Street,
Opp. Bus Stand,
Tiruchengode - 637 211.
2.The Motor Accidents Claims Tribunal
(Chief Judicial Magistrate Court),
Erode.
https://www.mhc.tn.gov.in/judis/
C.M.A.No. 2338 of 2017
ABDUL QUDDHOSE,J.
mmi
C.M.A.No. 2338 of 2017
22.09.2021
https://www.mhc.tn.gov.in/judis/
