Madras High Court
National Insurance Company ... vs Sanjeevarayan on 12 October, 2022
C.M.A.No.3393 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No.3393 of 2014
and M.P.No.1 of 2014
National Insurance Company Limited,
Divisional Office,
LRN Complex, Omalur Main Road,
Salem-7. ... Appellant /
2nd respondent
Vs.
1.Sanjeevarayan
2.Govindammal ... Respondents /
Petitioners 1 & 2
3.Sithan ... Respondent /
1st Respondent
4.Poornachandra Rao ... Respondent /
3rd Respondent
5.Padmaja ... Respondent /
4th Respondent
6.The Oriental Insurance Company Limited,
Siva Complex, Second Floor,
22/C, Saradha College Main Road,
Salem – 636 016. ... Respondent /
5th Respondent
https://www.mhc.tn.gov.in/judis
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C.M.A.No.3393 of 2014
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree, dated 02.09.2013, in
M.C.O.P.No.908 of 2007 on the file of the Motor Accident Claims Tribunal, I
Additional District Court, Salem.
For Appellant : M/s.N.B.Surekha
For Respondents – 1 & 2 : Mr.C.Kulanthaivel
For Respondent – 3 : Mr.B.Kumarasamy
For Respondents – 4 & 5 : Mr.C.Prabhakaran
For Respondent – 6 : Mr.Vijayaraghavan
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.,]
The appellant who was the second respondent before the Motor
Accidents Claims Tribunal in M.C.O.P.No.908 of 2007 is the appellant in the
above appeal.
2. The parents of the deceased are the claimants in M.C.O.P.No.908
of 2007. A sum of Rs.10,00,000/- was claimed by way of compensation. The
Motor Accidents Claims Tribunal awarded a sum of Rs.4,42,000/-. It is admitted
that the deceased by name Arul @ Arul Kumar is unmarried and he is the son of
the claimants. The accident took place on 23.07.2006 while the deceased was
travelling in a two wheeler, driven by one Senthil Kumar. The two wheeler in
https://www.mhc.tn.gov.in/judis
C.M.A.No.3393 of 2014
which the deceased was travelling dashed against another vehicle due to which
the deceased suffered grievous injuries and died in the hospital.
3. Though the Motor Accidents Claims Tribunal found that the
accident was due to the negligent act of both the drivers of the two wheelers,
taking into account the deceased was not employed, the Tribunal awarded a sum
of Rs.4,42,000/- as compensation. This Court is unable to find any valid reasons
to interfere or modify the award as the awarded amount is correct and proper.
4. The learned counsel appearing for the appellant submitted that the
driver of the vehicle has no driving license and this Court is unable to find any
evidence to sustain such plea.
5. In the result, this appeal stands dismissed. No costs. Consequently
connected miscellaneous petition is closed.
[SSSRJ] [NMJ]
12.10.2022
cda
Index : Yes/No
S.S.SUNDAR, J.,
AND
N.MALA, J.,
https://www.mhc.tn.gov.in/judis
C.M.A.No.3393 of 2014
cda
To
The I Additional District Court,
(Motor Accident Claims Tribunal),
Salem.
C.M.A.No.3393 of 2014
12.10.2022
https://www.mhc.tn.gov.in/judis
