Madras High Court
The United India Insurance ... vs K.Balakrishnan : Ist on 30 March, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.235 of 2021
and
C.M.P(MD)No.1997 of 2021
The United India Insurance Company Limited,
represented by its Branch Manager,
924-A, Main Road,
Catholic Centre,
Kovilpatti Post – 628 501,
Thoothukudi District. :Appellant/Second respondent
.vs.
1.K.Balakrishnan : Ist Respondent/Petitioner
2.A.Chinnakaruppan :2nd Respondent/Ist Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the judgment and deree passed in
M.C.O.P.No.89 of 2017, dated 5.2.2020,on the file of the Motor
Accidents Claims Tribunal and Chief Judicial Magistrate, Theni.
For Appellant :Mr.I.Suthakaran
For Respondent-1 :Mr.K.Suresh Kumar
For Respondent-2 :Refused
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JUDGMENT
*********
This Civil Miscellaneous Appeal is directed against the
judgment and deree passed in M.C.O.P.No.89 of 2017, dated
5.2.2020, on the file of the Motor Accidents Claims Tribunal and
Chief Judicial Magistrate, Theni.
2.The factum of the accident, manner of the accident and rash
and negligence on the part of the offending vehicle are not disputed.
Accordingly, the the finding of the Tribunal in this regard is hereby
confirmed.
3.The Insurance Company filed this appeal against the award
passed in M.C.O.P.No.89 of 2017 on the ground that on the date of
the accident, the driver of the offending vehicle does not posess the
valid driving licence and relied upon Ex.X2-Motor Vehicle Inspector's
Report and also the notice to produce the licence given to the owner
of the vehicle. But no licence was produced, besides, the Insurance
Company also examined R.W.1, an Assistant from Theni Regional
Transport Office to depose in this regard and that as per the
evidence of of R.W.1 coupled with Ex.X1 and Ex.X2, no valid driving
licence was issued to the driver of the offending vehicle and hence
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following the various judicial pronouncements, Pay and recovery is
to be ordered and the Insurance Company is required to pay the
compensation to the claimant at the first instance and then to
recover the same from the owner of the vehicle.
4.The learned counsel for the appellant/Insurance Company
would contend that a sum of Rs.50,000/- awarded towards pain
and suffering is on the higher side.
5.The learned counsel for the claimant would contend that
the injured was taking treatment as inpatient for 15 days and
therefore the compensation awarded under the head attendant
charges, nutrition and extra nourishment, transport expenses and
loss of amenities are not granted taking into account the entirety of
the circumstances.Hence the total compensation awarded by the
Tribunal at Rs.1,56,000/- seems to be just, fair and reasonable
which does not warrant any interference by this Court.
6.Accordingly, the Civil Miscellaneous Appeal is allowed to the
extent as indicated above to the effect that the appellant Insurance
Company shall pay the award amount to the claimant at the first
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instance and then to recover the same from the owner of the
vehicle by following the due process of law. The quantum of
compensation, the award of the Tribunal is hereby confirmed. The
appellant Insurance Company is directed to deposit the award
amount with accrued interest and costs, less the award amount, if
any, already deposited, within a period of eight weeks from the date
of receipt of a copy of this order. On such deposit being made, the
claimant is permitted to withdraw the award amount with accrued
interest and costs, less the award amount already withdrawn, if any,
by filing necessary application before the Tribunal. No costs.
Consequently, connected Miscellaneous Petition is closed.
30.03.2022
Index:Yes/No
Internet:Yes/No
vsn
To
1.The Motor Accidents Claims Tribunal and
Chief Judicial Magistrate,
Theni.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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RMT.TEEKAA RAMAN.,J.
vsn
JUDGMENT MADE IN
C.M.A(MD)No.235 of 2021
and
C.M.P(MD)No.1997 of 2021
30.03.2022
https://www.mhc.tn.gov.in/judis
