Madras High Court
National Insurance Company ... vs Murugan … on 6 July, 2022
C.M.A.No.1435 of 2022
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 06.07.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.1435 of 2022
and
C.M.P.No.10524 of 2022
National Insurance Company Limited
rep. By its Manager,
Anurdadha Complex,
Bangalore Road,
Krishnagiri – 635 001. ... Appellant/2 nd Respondent
Vs.
1.Murugan … Respondent/Petitioner
2.G.Rajamani … Respondent/1st Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act against the Award and Decree dated 21.12.2021
in M.C.O.P.No.788 of 2014 on the file of the learned Principal
Subordinate Judge, Motor Accidents Claims Tribunal, Dharmapuri.
1/5
https://www.mhc.tn.gov.in/judis
C.M.A.No.1435 of 2022
For Appellant : Ms.N.B.Sureka
JUDGMENT
The only ground on which the appeal has been filed by the
Insurance Company is that the amount issued by way of a Cheque
towards premium for the policy was dishonoured and the appellant
Insurance Company has terminated the Contract of Insurance.
2.Admittedly, there is no proof to show that Letter of
Termination has been received by the owner of the vehicle.
Therefore, in the light of the Judgment of the Hon'ble Supreme Court
in United India Insurance Company Limited vs. Laxmamma and
others [2012 (1) TN MAC 481 (SC)], there is no ground for
admitting the Civil Miscellaneous Appeal.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1435 of 2022
3.This Civil Miscellaneous Appeal is dismissed. Consequent to
the dismissal of the appeal, the appellant Insurance Company is
directed to deposit the entire award amount with interest @7.5% per
annum from the date of petition till the date of deposit, less the
amount already deposited, with proportionate accrued interest and
costs, to the credit of M.C.O.P.No.788 of 2014 on the file of the
learned Principal Subordinate Judge, Motor Accidents Claims
Tribunal, Dharmapuri, within a period of six weeks from the date of
receipt of a copy of this order, if not deposited earlier and thereafter,
recover the entire amount from the 2nd respondent herein. On such
deposit, the claimant is permitted to withdraw the entire award
amount with proportionate accrued interest and costs, by making
necessary applications.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1435 of 2022
The claimant is directed to pay the Court fee for the
compensation amount, if required. The Tribunal below shall not
disburse the amount till such time as proof of payment of Court Fee
has been produced by the claimant. No costs. Consequently,
connected Miscellaneous Petition is closed.
06.07.2022
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
mps
To
The Principal Subordinate Judge,
Motor Accidents Claims Tribunal,
Dharmapuri.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1435 of 2022
P.T. ASHA, J,
mps
C.M.A.No.1435 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
