M/S National Insurance Company ... vs Shoba
2022 Latest Caselaw 9081 Mad

                                                                     Review Application No.28 of 2001


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 28.04.2022

                                                     CORAM:

                           THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
                                               and
                              THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                         Review Application No.28 of 2001
                                                        in
                                               C.M.A.No.3 of 2001
                                                       and
                                   C.M.P.Nos.5090 to 5092 of 2001 & 7881 of 2005

                 M/s National Insurance Company Ltd.,
                 Divisional Office
                 No.III, Lakshmi Complex,
                 St. Mark's Road,
                 Bangalore – 1.                                                      ... Applicant

                                                        Vs.
                 1.Shoba
                 2.N.S.Kiran
                 3.N.S.Kishore
                 4.P.Saraswathiamma
                 5.A.N.Prakash
                 6.A.C.Nagubai
                 (5th respondent exparte before the Tribunal)
                 (Grounds amended as per order of
                  this Court dated 16.04.2001 in CMP No.6311/2001)
                                                                                   ... Respondents


                 1/4

https://www.mhc.tn.gov.in/judis
                                                                       Review Application No.28 of 2001




                 PRAYER: Review Application is filed under Order 47 Rule 1 of the Code of Civil
                 Procedure to review the Judgment and Decree dated 15.02.2001 made in CMA
                 No.3 of 2001 on the file of this Court.

                                   For Appellant     :     Mr.T.M.Venkataraman

                                   For Respondents   :     Mr.Dr.S.Nagaraj



                                                         ORDER

[Order of the Court was delivered by K.KALYANASUNDARAM, J.]

Heard Mr.T.M.Venkataraman, learned counsel appearing for the applicant

and Dr.S.Nagaraj, learned counsel appearing for the respondents.

2.The respondents 1 to 4 herein filed MCOP No.252 of 1989 seeking

compensation of Rs.30,00,000/- for the death of one P.Sivasankar in an accident

that took place on 23.10.1988, but the Tribunal has awarded Rs.13,00,000/- along

with interest. Questioning the same, the Insurance Company preferred an appeal

in CMA No.3 of 2001. The said appeal came to be dismissed for the reason that

https://www.mhc.tn.gov.in/judis Review Application No.28 of 2001

they did not get permission under Section 170 of the Motor Vehicles Act, which is

mandatory at that relevant point of time. Unless the Insurance Company is

permitted to take defence under Section 170 of the Motor Vehicles Act, they are

not entitled to maintain the appeal. Therefore, we are of the view that there was

no error apparent on the face of the record. Hence, this Review Application is

dismissed.

3.It is represented that the applicant/Insurance Company has already

deposited entire award amount. Hence, the claimants are permitted to withdraw

their share as per the ratio fixed by the Tribunal. No costs. Consequently,

connected miscellaneous petitions are closed.

                                                                 [M.K.K.S.,J.]        [V.S.G.,J.]
                                                                           28.04.2022
                 skn
                 Index          : Yes/No
                 Speaking Order :Yes/No

https://www.mhc.tn.gov.in/judis Review Application No.28 of 2001

K.KALYANASUNDARAM, J.

and V.SIVAGNANAM, J.

skn

Order made in Review Application No.28 of 2001 in C.M.A.No.3 of 2001 and C.M.P.Nos.5090 to 5092 of 2001 & 7881 of 2005

28.04.2022

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