Madras High Court
The Branch Manager vs Anthoniammal on 25 February, 2022
C.M.A(MD).No.178 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.02.2022
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
C.M.A(MD)No.178 of 2022
and
CMP(MD) No.1559 of 2022
The Branch Manager,
National Insurance Co. Ltd.,
No.5-A, Sub Collector's Office Road,
Opp. District Court Complex,
Dindigul. ... Appellant
Vs
1.Anthoniammal
2.Venkatraman ... Respondents
PRAYER: Civil Miscellaneous Appeals filed under Section 173 of Motor
Vehicles Act, to set aside the fair order dated 15.04.2021 made in MCOP No.2052
of 2014 on the file of Motor Accident Claims Tribunal (Chief Judicial Magistrate),
Trichy and allow this appeal.
For Appellant :Mr.S.Srinivasa Raghavan
https://www.mhc.tn.gov.in/judis
1/4
C.M.A(MD).No.178 of 2022
JUDGMENT
This appeal is preferred against the order and decree passed by the
learned Motor Accident Claims Tribunal (Chief Judicial Magistrate),
Trichirappalli, made in M.C.O.P.No.2052 of 2014, dated 15.04.2021.
2.The appellant is the insurance company. The claimant was a tempo
traveller and she was carrying vegetables bags in the Tempo and was travelling in
the same as the owner of goods. During that course, the vehicle got capsized due
to the negligence of the driver, in which, the claimant got injured. The medical
board had examined the claimant and fixed that she had suffered 50% permanent
disability. It seems that she had suffered grievous injury like fractures over her
left shoulder and left wrist and left rib. Even the compensation has also been
fixed by strictly following the guidelines laid down in the judgment of the High
Court held in the case of M/s.IFFCO TOKIO General Insurance Co.,Ltd., New
Delhi vs Venkatesh and others. Since the learned Judge of the tribunal has
correctly recorded the findings as to the negligence on the part of the driver and
also fixed the liability on the Insurance Company in which the vehicle was insured
at the time of the accident, I find no valid grounds for this appeal.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.178 of 2022
3.Accordingly, this Civil Miscellaneous Appeal is dismissed by
confirming the order and decree, dated 15.04.2021 passed in M.C.O.P.No.2052 of
2014 on the file of the Motor Accidents Claims Tribunal (Chief Judicial
Magistrate), Trichirappalli. The appellant/ Insurance Company is directed to
deposit the amount awarded by the Tribunal within a period of eight weeks from
the date of receipt of a copy of this judgment, less the amount, if any, already
deposited. No costs. Consequently, connected miscellaneous petition is closed.
25.02.2022
Index : Yes/No
Internet : Yes/No
cp
To
1.The Motor Accident Claims Tribunal (Chief Judicial Magistrate),
Trichy.
2.The Section Office,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.178 of 2022
R.N.MANJULA,J.,
cp
C.M.A(MD)No.178 of 2022
and
CMP(MD) No.1559 of 2022
25.02.2022
https://www.mhc.tn.gov.in/judis
