Madras High Court
Manager vs Minor.S. Sangeetha on 7 September, 2022
C.M.A.(MD)No.1068 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
C.M.A.(MD)No.1068 of 2009
Manager,
The Oriental Insurance Company Ltd.,
Gopal Rao Library Building,
1st Floor, Town Hall Road,
Kumbakonam ... Appellant/ 2nd Respondent
Vs.
1.Minor.S. Sangeetha
rep. by her natural guardian
and father Sasikumar
2.Nagappan ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award dated 31.12.2008 made in
MCOP.No.258 of 2007 on the file of the Motor Accident Claims Tribunal,
Sub Court, Karur.
For Appellant : Mr.C. Karthik
For R1 : M/s. K. Hema Karthikeyan
For R2 : Dismissed
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C.M.A.(MD)No.1068 of 2009
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant /
Insurance Company against the Award, dated 31.12.2008 made in
MCOP.No.258 of 2007 on the file of the Motor Accidents Claims
Tribunal / Sub Court, Karur.
2.The appellant / Insurance Company is the 2nd respondent in
M.C.O.P.No.258 of 2007. The 1st respondent / claimant filed a claim
petition before the Motor Accident Claims Tribunal Sub Court, Karur,
claiming a sum of Rs.3,00,000/- as compensation, for the injuries sustained
by him in the accident that occurred on 28.02.2007.
3. The Tribunal, considering the pleadings, oral and documentary
evidence, awarded a total sum of Rs.69,700/- as compensation.
4. Challenging the Award passed by the Tribunal, the appellant /
Insurance Company has filed the present Civil Miscellaneous Appeal.
5. Heard the learned counsel appearing for the appellant and the
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C.M.A.(MD)No.1068 of 2009
first respondent.
6. The main ground on which the present appeal is filed by the
appellant / Insurance Company is that the rider of the motorcycle has no
valid driving license on the date of accident and that the appellant has also
proved the same by way of examining RW.1 to RW.3. But, the Tribunal
has wrongly fixed the liability only against the Insurance Company.
7. Even though the appellant challened the quantum of
compensation awarded by the Tribunal, he restricted his relief to pay and
recover the amount from the owner of the vehicle.
8. Considering the facts and circumstances of the case and also the
submission made by the learned counsel appearing for the appellant, this
Court is inclined to direct the appellant / Insurance Company to deposit
Award passed by the Tribunal and recover the same from the owner of the
vehicle / 2nd respondent herein.
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C.M.A.(MD)No.1068 of 2009
9. Accordingly, this Civil Miscellaneous Appeal is disposed of. The
appellant / Insurance Company is directed to deposit the entire award
amount to the credit of MCOP.No.258 of 2007 on the file of the Motor
Accident Claims Tribunal, Sub Court, Karur, within a period of six weeks
from the date of receipt of a copy of this order, if not already deposited.
On such deposit, the Tribunal is directed to deposit the same in any one of
the Nationalized Banks till the first respondent / claimant is attained
majority. The appellant / Insurance Company is permitted to recover the
award amount from the owner of the vehicle. No costs.
07.09.2022
Index :Yes/No
Internet :Yes/No
trp
To
1. The Motor Accident Claims Tribunal, Sub Court, Karur.
2. The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1068 of 2009
A.A. NAKKIRAN, J.,
trp
C.M.A.(MD)No.1068 of 2009
07.09.2022
https://www.mhc.tn.gov.in/judis
