Madras High Court
The Branch Manager vs Saraswathi on 28 February, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.P(MD)No.1622 of 2022
in
C.M.AMD)SR.No.29798 of 2015
and
C.M.A(MD)SR.No.29798 of 2015
and
C.M.P(MD)SR.Nos.9137,9138 and 9140 of 2022
C.M.P(MD)No.1622 of 2022 and
C.M.A(MD)SR.No.29798 of 2015
The Branch Manager,
Reliance General Insurance Company Limited,
80 Feet Road,
Anna Nagr,
Madurai. :Petitioner/Appellant/Second
respondent
.vs.
1.Saraswathi
2.Minor Adhisaya Pandi
3.Vanarani :Respondents 1 to 3/Petitioners 1 to
3
(minor second respondent represented by his mother and natural
guardian, the first respondent herein)
4.Brahmma Devan
5.S.M.Sangaya :Respondents /Ist Respondents/
Respondents 4 and 5/Respondents
1/6
https://www.mhc.tn.gov.in/judis
1 and 3
PRAYER in C.M.P(MD)No.1622 of 2022: Civil Miscellaneous
Appeal filed under Order 4 Rule 9(4) of the A.S.Rules seeking to
condone the delay of 1699 days in representing the appeal in
C.M.A.S.R.No.29798 of 2015
PRAYER in C.M.A(MD)SR.No.29798 of 2015 : Civil
Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
Act praying this Court to set aside the judgment and decree made
in M.C.O.P.No.6 of 2011 , dated 20.1.2015, on the file of the Motor
Accidents Claims Tribunal, Vith Additional District Court, Madurai.
For Appellant :Mr.K.Gokul \
in both C.M.P and
C.M.A.SR.
For Respondents :Mr.P.Chandran
in both C.M.P and
C.M.A.SR
COMMON JUDGMENT
************************
C.M.P(MD)No.1622 of 2022 is filed seeking to condone the
delay of 1699 days in representing the above appeal in
C.M.A(MD)SR.No.29798 of 2015.
2.C.M.A(MD)SR.No.29798 of 2015 is filed to set aside the
judgment and decree made in M.C.O.P.No.6 of 2011, dated
2/6
https://www.mhc.tn.gov.in/judis
20.1.2015, on the file of the Motor Accidents Claims Tribunal, Vith
Additional District Court, Madurai.
3.The above C.M.P has been filed on the ground that the
case bundles have been misplaced at the office of the Advocate.
The main C.M.A.SR is filed against the award made in M.C.O.P.No.
6 of 2011, dated 20.01.2015, on the file of the Motor Accidents
Claims Tribunal, VIth Additional District Court, Madurai and a sum
of Rs.11,88,500/- was awarded as compensation with interest. The
learned counsel for the appellant-Insurance Company is permitted
to make the submissions on the factual position.
4.Based uon the evidence of P.W.1, it is seen that driver of the
first resondent vehicle drove the vehicle in a rash and negligent
manner, which is insured with the second respondent/Insurance
Company, who is the appellant herein. Ex.R2-Copy of the
Insurance Policy was marked. At the time of accident, the rider of
the two-wheeler was having LMV driving licence, but however, the
rider does not have any two-wheeler licence and is only having
Learner's licence. Relying upon the decision reported in 2013(2)
TN MAC 262, the Tribunal held that the Insurance Company is
liable to pay the award amount at the first instane and then to
3/6
https://www.mhc.tn.gov.in/judis
recover the same from the owner of the vehicle.
5.I find that there is no error in fixing the liability on the
appellant Insurance Company and the quantum calculation adopted
by the Tribunal is just and reasonable. Hence I find that there is no
merit in the contention of the learned counsel for the
appellant/Insurance Company and thus the appeal fails. Moroever
the award is passed in the year 2015 by the Tribunal. Hence this
Court finds no merit in the C.M.P as well as the main appeal at SR
stage.
6.For the reasons stated above, both the C.M.P(MD)No.1622
of 2022 as well as the C.M.A(MD)SR.No.29798 of 2015 at
unnumbered stage are dismissed. However, there will be no order
as to costs. Consequently, Civil Miscellaneous Petitions in
C.M.P(MD)SR.Nos.9137,9138 and 9140 of 2022 at SR stage are
dismissed.
28.02.2022
Index:Yes/No
Internet:Yes/No
vsn
4/6
https://www.mhc.tn.gov.in/judis
To
1.TheMotor Accidents Claims Tribunal,
(IVth Additional District Court),
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
5/6
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN.,J.
vsn
COMMON JUDGMENT MADE IN
C.M.P(MD)No.1622 of 2022
in
C.M.AMD)SR.No.29798 of 2015
and
C.M.A(MD)SR.No.29798 of 2015
and
C.M.P(MD)SR.Nos.9137,9138 and
9140 of 2022
28.02.2022
https://www.mhc.tn.gov.in/judis
