Madras High Court
M/S Universal Sampo General vs R.Subramani on 28 September, 2021
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.Nos.2842, 2843, 2844 and 2847 of 2019
and
C.M.P.Nos.14815, 14819, 14820, 14823, 14826, 14837 & 14838 of 2019
M/s Universal Sampo General
Insurance Company Ltd.,
Express IT Park Plot No.E.L.94
TTC Industrial Area
MIDC Mahape Navi
Mumbai. ... Appellant in CMAs
Vs.
1.R.Subramani
2.A.Venkatesan
3.United India Insurance Company Ltd.,
Branch Office,
Sankagiri.
4.N.Malini ... Respondents in CMA No.2842/2019
https://www.mhc.tn.gov.in/judis
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
1.Kulandaivelu
2.A.Venkatesan
3.United India Insurance Company Ltd.,
Branch Office,
Sankagiri.
4.N.Malini ... Respondents in CMA No.2843/2019
1.Minor Harish Kumar
(rep. by his N/F Father Kulandaivelu)
2.A.Venkatesan
3.United India Insurance Company Ltd.,
Branch Office,
Sankagiri.
4.N.Malini ... Respondents in CMA No.2844/2019
1.Kulandaivelu
2.Minor Harish Kumar
(Minor rep. by father &
N/F Kulandaivelu)
3.A.Venkatesan
4.United India Insurance Company Ltd.,
Branch Office,
Sankagiri.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
5.N.Malini ... Respondents in CMA No.2847/2019
COMMON PRAYER: Civil Miscellaneous Appeals are filed under Section 173
of Motor Vehicles Act 1988 to set aside the Judgment and Decree dated
19.01.2018 made in MCOP Nos. 279, 282, 280 and 283 of 2010 on the file of the
Motor Accident Claims Tribunal (Subordinate Court) at Sankagiri.
In CMA Nos.2842, 2843 and 2844 of 2019
For Appellant : Ms.R.Sree Vidhya
For Respondents : Mr.S.Arunkumar (for R3)
Mr.S.P.Yuvaraj (for R4)
No appearance for R1 and R2
In CMA No.2847 of 2019
For Appellant : Ms.R.Sree Vidhya
For Respondents : Mr.S.Arunkumar (for R4)
Mr.S.P.Yuvaraj (for R5)
No appearance for R1 to R3
https://www.mhc.tn.gov.in/judis
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
COMMON JUDGMENT
[Common Judgment of the Court was delivered by V.SIVAGNANAM, J.]
These appeals arise out of the Common Judgment and Decree passed by the
Motor Accident Claims Tribunal (Subordinate Court) at Sankagiri in MCOP Nos.
279, 280, 282 and 283 of 2010 dated 19.01.2018.
2.The case of the claimants is that on 25.12.2009 at 04.00 p.m, the
deceased Narayanakutty was driving a TATA Indica car bearing Reg. No.TN-38-
AV-9420 from Sathyamangalam to Coimbatore. In the said car, the deceased
Santhamani, who was the mother of the claimant in MCOP No.279/2010, the
deceased Kavitha, who was wife of the first claimant in MCOP No.283/2010 and
the claimants in MCOP Nos.280 and 282 of 2010 travelled. When the said car
nearing Vinnappalli, a Lorry bearing Reg.No.TN-20-5755, which came from the
opposite direction in a rash and negligent manner, dashed against the car. In the
accident, Driver Narayanakutty, Santhamani and Kavitha died on the spot and
https://www.mhc.tn.gov.in/judis
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
other passengers were sustained grievous injuries. Alleging that the accident had
taken place due to the rash and negligent driving of the driver of the lorry, the
legal heir of the deceased Santhamani laid a petition in MCOP No.279 of 2010
claiming compensation of Rs.10,00,000/-; the legal heirs of the deceased Kavitha
laid a petition in MCOP No.283 of 2010 claiming compensation of
Rs.10,00,000/- and the injured claimants laid petitions in MCOP Nos.280 and 280
of 2010 claiming compensation of 2,00,000/- each.
3.Resisting the claim, the 3rd respondent/Insurance Company filed their
counter disputing the manner of accident, age, avocation and income of the
deceased and the nature of injuries sustained by the injured claimants and its
liability to pay the compensation. Further, in the counter, it is has been
specifically stated that the accident had been occurred by the driver of the car and
since the said car has been insured with the appellant insurance company, they are
liable to pay compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
4.Further, the appellant Insurance Company also filed their counter
disputing the manner of accident, age, avocation and income of the deceased and
the nature of injuries sustained by the injured claimants and its liability to pay the
compensation.
5.To substantiate the case, on the side of the claimants, P.Ws.1 and 2 were
examined and Exs.P1 to Ex.P.17 were marked. On the side of the
appellant/Insurance Company, R.W.1, one Rajarathinam was examined and
Exs.R1 to R4 were marked.
6.The Tribunal, after considering the oral and documentary evidence held
that the driver of the car, namely, Narayanakutty, was responsible for the accident
and awarded compensation of Rs.2,70,000/- to the claimant in CMA No.2842 of
2019; Rs.28,000/- to the claimant in CMA No.2844 of 2019; Rs.64,000/- to the
claimant in CMA No.2843 of 2019; Rs.12,32,000/- to the claimant in CMA
No.2847 of 2019 along with interest at the rate of 7.5% per annum. Assailing the
common award, the appellant Insurance Company has filed the present appeals.
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C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
7.Heard the learned counsel appearing for the parties and perused the
materials available on record.
8.These appeals have been filed only challenging the quantum, hence, the
other issues need not be dealt with herein.
9.Though the learned counsel for the appellant/Insurance company has
contended that the award is on the higher side and it requires reduction, perusal of
the records reveal that the Tribunal on proper appreciation of evidence of P.W.1
and Ex.P.11 has awarded a just and reasonable compensation. We find no reason
to interfere with the conclusion reached by the Tribunal. Hence, these appeals are
liable to be dismissed.
10.In such view of the matter, these Civil Miscellaneous Appeals are
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
https://www.mhc.tn.gov.in/judis
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
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 major claimants are permitted to
withdraw the amount, as apportioned by the Tribunal, less the amount already
withdrawn, if any, together with proportionate interest and costs. Further, the
Tribunal is directed to deposit the share of the minor claimant in any one of the
nationalised banks, as fixed deposit under the Cumulative Deposit Scheme, till
the minor attain the age of major and permitted to take the interest by his
guardian. No costs. Consequently, connected miscellaneous petitions are closed.
No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
28.09.2021
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
Sub-Judge, Sankagiri.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos. 2842, 2843, 2844 and 2847 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
COMMON JUDGMENT MADE IN
C.M.A.Nos.2842, 2843, 2844 and 2847 of 2019
and
C.M.P.Nos.14815, 14819, 14820, 14823, 14826, 14837 & 14838 of 2019
28.09.2021
https://www.mhc.tn.gov.in/judis
