The Divisional Manager vs A.Balaiyan
2021 Latest Caselaw 19686 Mad

                                                                                   C.M.A.No.173 of 2017


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 24.09.2021

                                                       CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                 C.M.A.No.173 of 2017

                     The Divisional Manager,
                     M/s.The Oriental Insurance Company Limited,
                     Motor 3rd Party Claims Office (HUB), 13th Street,
                     Vijayalakshmi Complex, Sathuvachari,
                     Vellore.                                                ...     Appellant

                                                          Vs
                     1.A.Balaiyan
                     2.N.Durairaj                                            ...    Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act against the decree and judgment dated 30th day of September,
                     (Court of Chief Judicial Magistrate), Vellore.
                               For Appellant               : Mr.K.Vinod
                               For Respondents             : No appearance


                                                     JUDGMENT

This civil miscellaneous appeal has been filed by the Insurance

Company challenging the impugned award dated 30.09.2016 passed by the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.173 of 2017

Motor Accident Claims Tribunal (Chief Judicial Magistrate, Vellore) in

MCOP.No.184 of 2013.

2. Heard Mr.K.Vinod, learned counsel for the Appellant.

3. This Appeal has been filed by the Appellant insurance company

challenging its liability to pay compensation to the first respondent/claimant

and also challenging the quantum of compensation awarded by the Tribunal.

4. Under the impugned award, the Tribunal has awarded an overall

compensation of Rs.1,23,000/- to the first respondent/claimant which cannot

be considered to be excessive as alleged by the Appellant Transport

Corporation.

5. Under the impugned award, pay and recovery rights were granted

to the Appellant Insurance Company on the ground that the driver of the

insured vehicle violated the policy condition by carrying excess passengers

as well as he was not possessing a driving licence at the time of the

accident.

6 . The grounds raised in this appeal are similar to the grounds raised

https://www.mhc.tn.gov.in/judis/ C.M.A.No.173 of 2017

in the connected appeals CMA.Nos.1552 to 1555 of 2016 arising out of the

very same accident, which came to be dismissed on 08.07.2021. Since the

connected appeals have already been dismissed by this Court on

08.07.2021, this appeal will also have to be dismissed by this Court.

Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs.

7. 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 realisation

and costs to the credit of MCOP.No.184 of 2013 before the Tribunal within

a period of four weeks from the date of receipt of a copy of this judgment

and recover the same from the second respondent/Insured. On such deposit

being made, the Tribunal shall transfer the amount lying to the credit of

MCOP.No.184 of 2013 to the bank account of the first respondent/claimant

through RTGS one week thereafter.

24.09.2021 nl

ABDUL QUDDHOSE, J.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.173 of 2017

nl

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order

To

1. The Chief Judicial Magistrate, Vellore.

2.The Section Officer, V.R.Section, High Court of Madras.

C.M.A.No.173 of 2017

24.09.2021

https://www.mhc.tn.gov.in/judis/