Madras High Court
Reliance General Ins. Co.Ltd vs S.Salammal on 7 April, 2022
C.M.A. No.4819 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A. No.4819 of 2019
and
C.M.P.No.27728 of 2019
Reliance General Ins. Co.Ltd.,
Sakthi Supermarket, 3rd Floor, No.408,
Perundurai Road, Erode - 638 011. ... Appellant
Vs.
1. S.Salammal
2.S.Vasantha
3.S.Dinesh Krishnan
4.Minor S.Swathi
rep. by N.G, and mother S.Vasantha
5.A.Vijay Chandraran
6.A.VIjay Anand ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to set aside the Decree and Judgment dated 29th
January, 2019 passed in M.C.O.P.No.623 of 2016 by the Motor Accident
Claims Tribunal, I Additional District Court at Tiruppur.
For Appellant : Ms.C.Bhuvanasundari
For Respondents : Mr.K.Myilsamy
for R1 to R4
1/5
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C.M.A. No.4819 of 2019
R5 - Dispensed with vide order dated
27.10.2021
R6 - Served - No Appearance
JUDGMENT
The Insurance Company has filed this Appeal, challenging the Award
passed in M.C.O.P.No.623 of 2016 on the file of the Motor Accident Claims
Tribunal, I Additional District Court, Tiruppur.
2. The Appellant / Insurance Company is aggrieved primarily on the
ground that despite their proving that the vehicle has been driven by the
person, who did not possess a valid driving license, the entire liability has
been mulcted on the Appellant / Insurance Company without ordering for
pay and recovery. Though, the Appellant / Insurance Company has
questioned the quantum, however serious objections have not been made
out.
3. The sixth respondent, who is the owner of the offending vehicle
has been served on 28.09.2021 itself, who has chosen not to appear before
this Court either in person or through any counsel. Though an order had
been made on 27.10.2021 dispensing with the service of notice on R6, it
https://www.mhc.tn.gov.in/judis
C.M.A. No.4819 of 2019
appears that the service of notice at the earlier point in time has not been
brought to the notice of the learned Judge. Therefore, considering the fact
that a limited relief is sought for, the Appeal is allowed, the order of the
Tribunal is modified to the extent that the Appellant / Insurance Company
shall deposit the Award amount to the credit of M.C.O.P.No.623 of 2016
and thereafter recover the same from the sixth respondent, the owner of the
offending vehicle.
4. Accordingly, this Civil Miscellaneous Appeal is allowed and the
order of the Tribunal is modified to the extent that the Appellant / Insurance
Company shall deposit the Award amount and can recover the same from
the sixth respondent. No costs. Consequently, the connected Civil
Miscellaneous Petition is closed.
07.04.2022
Index : Yes/No
Speaking Order : Yes / No
ab
https://www.mhc.tn.gov.in/judis
C.M.A. No.4819 of 2019
To
1. The Motor Accident Claims Tribunal,
I Additional District Court, Tiruppur.
2.The Section Officer,
VR Section, Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A. No.4819 of 2019
P.T. ASHA, J,
ab
C.M.A. No.4819 of 2019
and
C.M.P.No.27728 of 2019
07.04.2022
https://www.mhc.tn.gov.in/judis
