The Correspondent vs M/S.Tata Aig General Insurance ...
2022 Latest Caselaw 17190 Mad

                                                                            C.M.A.No.2362 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 02.11.2022

                                                      CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                               C.M.A.No.2362 of 2022

                  The Correspondent,
                  M/s.Adhi Parasakthi Polytechnic & College,
                  Eruiyapatty Village,
                  Kokkarapatty Post,
                  Pappireddypatty Taluk,
                  Dharmapuri District.                                  ... Appellant
                                                    vs.
                  1.M/s.TATA AIG General Insurance Co. Ltd.,
                  Rep. by its Manager,
                  Jaya Enclave, 3rd Floor,
                  No.1057, Avinashi Road,
                  Coimbatore-18.

                  2.Mr.Arivazhagan                                     ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the

                  Motor Vehicles Act, against the Fair and Decreetal Order dated 29.11.2013

                  passed in M.C.O.P.No.4 of 2010 on the file of the Motor Accident Claims

                  Tribunal, Subordinate Court, Harur.

                                    For Appellant     : Mr.Bharat Kumar, R.
                                    For Respondents   : M/s.Harini
                                                        for M/.M.B.Gopalan Associates [R1]
                                                        R2 – No Appearance

                  1/5
https://www.mhc.tn.gov.in/judis
                                                                               C.M.A.No.2362 of 2022



                                                    JUDGMENT

The 1st respondent / insured has filed this appeal as the Tribunal had

directed the appellant/1st respondent to pay a sum of Rs.80,000/- to the

claimant for the damages caused to the Maruthi Car bearing Reg.No.TN-

24-Y-8741.

2. The learned counsel for the insurance company fairly conceded

that in the connected M.C.O.Ps., (there was four other claim petition in

M.C.O.P.Nos.498, 499, 500 and 507 of 2009) filed by the respective

claimants for the injury sustained by them in the accident all the claim

petitions including the claim which is subject matter of the present appeal

was heard together and a common order was passed by the Motor Accident

Claims Tribunal, Subordinate Court, Harur, by order dated 26.11.2013.

3. In all the other claim petitions, the liability to compensate the

claimants was fastened on the 2nd respondent/Insurance Company. Only in

respect of M.C.O.P.No.4 of 2010 relating to the above appeal, the owner of

the insured vehicle was directed to compensate the claimant.

https://www.mhc.tn.gov.in/judis C.M.A.No.2362 of 2022

4. The learned counsel for the appellant would submit that

challenging the award of the Tribunal the appeals in C.M.A.Nos.2791 to

2794 of 2015 had been filed before this Court by the Insurance Company.

This Court, by order dated 24.02.2020 was pleased to dismiss the above

appeals and confirmed the order passed by the Tribunal in and by which the

2nd respondent/Insurance Company was directed to make the payment for

and on behalf of the insured. The learned counsel would also contend that

the third party damage to property is also covered under the policy taken by

the appellant.

5. Therefore, considering the above submissions, this Civil

Miscellaneous Appeal is allowed and the award passed by the Motor

Accident Claims Tribunal, Subordinate Court, Harur, in M.C.O.P.No.4 of

2010 is modified to the extent that a sum of Rs.80,000/- shall be paid by the

1st respondent/Insurance Company for and on behalf of the appellant

together with interest at the rate of 7.5% per annum from the date of claim

petition till the date of deposit and costs, less, the amount if any already

deposited, within a period of four weeks from the date of receipt of a copy

https://www.mhc.tn.gov.in/judis C.M.A.No.2362 of 2022

of this judgment. It was also informed to the Court that the appellant herein

had deposited the said amount to the credit of the above claim petition

before the Tribunal below which amounts the appellant shall be permitted

to withdraw.

6. In view of the above, the claimant is also permitted to withdraw

the amount now determined by this Court along with interest and costs as

and when it is deposited after adjusting the amount, if any already

withdrawn, by filing necessary application before the Tribunal. No costs.

02.11.2022 Index : Yes/No Speaking / Non-speaking order ssn

To:

1. The Motor Accident Claims Tribunal, Subordinate Judge, Harur.

2. The Section Officer, V.R.Section, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.2362 of 2022

P.T.ASHA, J.,

ssn

C.M.A.No.2362 of 2022

02.11.2022

https://www.mhc.tn.gov.in/judis