Madras High Court
M/S.United India Insurance ... vs G.Nathiya on 1 April, 2022
C.R.P(MD)Nos.2240 to 2242 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.04.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(MD)Nos.2240 to 2242 of 2015
and
M.P(MD)Nos.1,1 and 1 of 2015
C.R.P(MD)No.2240 of 2015:
M/s.United India Insurance Co.Ltd,
Divisional Office,
Promenadet Road,
Cantonment
Trichy District. ... Petitioner/ 2nd Respondent
Vs.
1.G.Nathiya ... Respondent/Claimant
2.Gopalakrishnan ... Respondent/1st Respondent
PRAYER : Civil Revision Petition is filed under Article 227 of
Constitution of India as against the fair and decreetal order, dated,
28.03.2014 made in M.C.O.P.No.1048 of 2009 on the file of the Motor
Accident Claims Tribunal (III Additional Sub Court) Trichy.
1/8
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.2240 to 2242 of 2015
For Petitioner : Mr.B.Rajesh Saravanan
For Respondents : Mr.N.Sudhagar Nagaraj
for R1
No appearance
for R2
C.R.P(MD)No.2241 of 2015:
M/s.United India Insurance Co.Ltd,
Divisional Office,
Promenadet Road,
Cantonment
Trichy District. ... Petitioner/ 2nd Respondent
Vs.
1.S.Pokkali ... Respondent/Claimant
2.Gopalakrishnan ... Respondent/1st Respondent
PRAYER : Civil Revision Petition is filed under Article 227 of
Constitution of India as against the fair and decreetal order, dated,
28.03.2014 made in M.C.O.P.No.1022 of 2009 on the file of the Motor
Accident Claims Tribunal (III Additional Sub Court) Trichy.
For Petitioner : Mr.B.Rajesh Saravanan
For Respondents : Mr.N.Sudhagar Nagaraj
for R1
No appearance
for R2
2/8
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.2240 to 2242 of 2015
C.R.P(MD)No.2242 of 2015:
M/s.United India Insurance Co.Ltd,
Divisional Office,
Promenadet Road,
Cantonment
Trichy District. ... Petitioner/ 2nd Respondent
Vs.
1.M.Revathi ... Respondent/Claimant
2.Gopalakrishnan ... Respondent/1st Respondent
PRAYER : Civil Revision Petition is filed under Article 227 of
Constitution of India as against the fair and decreetal order, dated,
28.03.2014 made in M.C.O.P.No.1025 of 2009 on the file of the Motor
Accident Claims Tribunal (III Additional Sub Court) Trichy.
For Petitioner : Mr.B.Rajesh Saravanan
For Respondents : Mr.N.Sudhagar Nagaraj
for R1
No appearance
for R2
ORDER
The present petitions have been filed against an award of the
Motor Accident Claims Tribunal in M.C.O.P.Nos.1022,1025 and 1048 of
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.2240 to 2242 of 2015
2009. The claimants were travelling in a tourist bus, which met with an
accident and capsized due to the rash and negligent driving of the driver
of the bus, in which, the claimants were travelling. The award in
M.C.O.P.Nos.1022,1025 and 1048 of 2009 was less than Rs.25,000/-
(Rupees Twenty Five Thousand only) and hence, the present petitions
have been filed in C.R.P(MD)Nos.2240 to 2242 of 2015.
2. According to the learned counsel for the petitioner, there is a
violation of permit condition and hence, the Insurance Company is not
liable to pay the compensation amount. According to the petitioner, the
second respondent owner was given permit to ply the bus in a specific
road and without obtaining any permission, it was running in a different
road in violation of the permit conditions.
3. The Motor Claims Original Petitions, in which, the award
amount was more than Rs.25,000/-(Rupees Twenty Thousand only) were
challenged by way of Civil Miscellaneous Appeals. In one of the appeals,
in C.M.A(MD)NO.1162 of 2015, this Court has passed an order,
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C.R.P(MD)Nos.2240 to 2242 of 2015
confirming the fact that there was a violation of policy conditions and
hence, the Insurance Company is not liable to pay the compensation
amount. On arriving at a said finding, the learned single Judge of this
Court has directed the Insurance Company to pay the compensation
amount at the first instance and recover the same from the owner of the
vehicle, namely, the second respondent herein.
4. The present petitions arising out of the same accident and a
common judgment. Hence, following the judgment of this Court in
C.M.A(MD)No.1162 of 2015, these Civil Revision Petitions are allowed.
The award amount of the Motor Accident Claims Tribunal is modified to
the effect that the petitioner Insurance Company is directed to deposit the
entire award amount before the Tribunal together with interest at the rate
of 7.5% p.a. from the date of petition till the date of realization, within a
period of eight weeks from the date of receipt of a copy of this order, if
not already deposited. On such deposit, the claimant is permitted to
withdraw the entire award amount without filing any formal petition
before the Tribunal. Thereafter, the petitioner Insurance Company is at
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C.R.P(MD)Nos.2240 to 2242 of 2015
liberty to recover the award amount from the owner of the vehicle, by
following the mode in Nanjappan's Case [(2004)2 CTC 464]. No costs.
5. All the Civil Revision Petitions are partly allowed to the extent
as stated above. No costs. Consequently, connected Miscellaneous
Petitions are closed.
01.04.2022
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Index : Yes / No
Internet : Yes / No
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate /
litigant concerned.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.2240 to 2242 of 2015
To
1.The Principal Sub-Court,
Thanjavur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)Nos.2240 to 2242 of 2015
R.VIJAYAKUMAR ,J.
gbg
Order made in
C.R.P(MD)Nos.2240 to 2242 of 2015
01.04.2022
https://www.mhc.tn.gov.in/judis
