Madras High Court
National Insurance Company ... vs Subba @ Subbulakshmi on 9 February, 2022
CRP.No.459 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2022
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
Civil Revision Petition No.459 of 2007 &
M.P.No.2 of 2007
National Insurance Company Limited,
No.78, T.V.S. Street, Branch Office,
Erode Taluk and District. ... Petitioner
..Vs..
1. Subba @ Subbulakshmi
2. K.Murthy
3. P.Senthil Kumar
4. United Insurance Co. Ltd.,
No.3, Gobi Road, Gobichettipalayam Taluk,
Erode District.
5. Mariappan
6. I.Priya ... Respondents
Prayer: This Civil Revision Petition has been filed under Article 227 of
Constitution of India to set aside the order and decretal order dated
16.12.2004 made in MACTOP No.197 of 2002 on the file of the II
Additional Subordinate Judge, Gobichettipalayam.
For Petitioner : Mr.R.Thiagarajan
1/7
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CRP.No.459 of 2007
For Respondents : Mr.S.Arunkumar – R4
No appearance – R1 to R3 & R5 & 6
ORDER
This Civil Revision Petition has been filed to set aside the order and
decreetal order dated 16.12.2004 made in MACTOP No.197 of 2002 on the
file of the II Additional Subordinate Judge, Gobichettipalayam.
2. The case of the claimant is that on 27.09.2001, at about 06.30 a.m.,
the claimant along with others were going for work in a mini auto-rickshaw
bearing Registration No.TN-36-E-3170, in Sathiyamangalam-
Paruppanpalayam Road, from East to West direction on the left side of the
road and at about 07.45 a.m. When they were nearing Thandalampalayam
road junction, a mini auto-rickshaw, bearing Registration No.TN-36-Z-
7984, driven by the second respondent, came from West to North direction
in a rash and negligent manner and hit the mini auto-rickshaw, due to which
the claimants sustained grievous injuries. This petition has been filed by
the claimant claiming Rs.1,00,000/- with interest at the rate of 6% per
annum from the date of claim petition. Challenging the liability fixed on the
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CRP.No.459 of 2007
appellant Insurance Company, the present Civil Revision Petition came to
be filed.
3. The learned counsel appearing for the appellant submitted that the
Tribunal ought not to have fixed the liability on the appellant Insurance
Company, who is the insurer of the vehicle, in which the claimant was
travelling, inasmuch as the accident was due to the negligence on the part of
the driver of the other vehicle involved in the accident, which was insured
with the fourth respondent Insurance Company. As such, fixing the liability
on both the Insurance Companies on sympathetic grounds is not sustainable
in law. Hence, the finding of the Tribunal to that effect has to be set aside.
4. Per contra, the learned counsel appearing on behalf of the claimant
submitted that the Tribunal had considered all the evidence and materials on
record and rightly awarded compensation to the claimant. Hence, the
learned counsel prayed for dismissal of all this appeal.
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CRP.No.459 of 2007
5. The accident took place while the claimant along with others were
travelling in a mini auto-rickshaw. Totally 9 persons were travelling the
said auto-rickshaw. Since the amount awarded to this petitioner is below
10,000/-, the claimant has filed the present Civil Revision Petition. In
respect of other persons, as they have been awarded compensation above
Rs.10,000/-, they have filed Civil Miscellaneous Appeals in C.M.A.Nos.384
to 391 of 2007. This Court while disposing of the above appeals by way of
a Common Judgment dated 12.07.2019 has observed that the mini auto-
rickshaw, in which the claimants were travelling, was a goods vehicle and
hence, the appellant insurance company is not liable to pay any
compensation, as per the guidelines framed in the policy, which was
correctly taken into consideration by the Tribunal. Further having regard to
the fact that the second respondent driver of the mini auto-rickshaw bearing
registration No.TN-36-Z-7984 had died and third respondent, owner of the
above vehicle, the fifth and sixth respondents, driver and owner of the mini
auto rickshaw bearing registration No.TN-36-E-3170 respectively, had
remained exparte, the Tribunal, to subserve the interest of justice, has
directed the appellant and the fourth respondent/Insurance Companies to
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CRP.No.459 of 2007
jointly pay the award amount to the claimants and later, recover the same
from the respondents 3, 5 and 6 and finding that the same was correct, this
Court dismissed all the Civil Miscellaneous Appeals stating that the Order
passed by the Tribunal does not warrant interference. The same Order is
applicable to the present petitioner also.
6. Accordingly, this Civil Revision Petition is dismissed. The
petitioner and the fourth respondent/Insurance Companies are directed to
deposit their respective share of 50% of the award amount with interest and
costs, as ordered by the Tribunal, after deducting the amount if any already
deposited, within a period of four weeks from the date of receipt of a copy
of this Order. On such deposit, the Tribunal shall transfer the same to the
Savings Bank account of the claimant through RTGS, within one week
thereafter. Consequently, connected Miscellaneous Petition is closed. No
costs.
09.02.2022
Index:yes/no
Internet:yes
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CRP.No.459 of 2007
To
The II Additional Subordinate Judge,
Gobichettipalayam.
https://www.mhc.tn.gov.in/judis
CRP.No.459 of 2007
J.NISHA BANU, J.
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Civil Revision Petition No.459 of 2007
09.02.2022
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