United India Insurance Company Limited vs M.Murugesan
2023 Latest Caselaw 15594 Mad

Madras High Court

United India Insurance Company Limited vs M.Murugesan on 1 December, 2023

                                                                                C.M.A.No.2612 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 01.12.2023

                                                         CORAM:

                                  THE HONOURABLE MR. JUSTICE K. RAJASEKAR

                                               C.M.A.No.2612 of 2021
                                                       and
                                               C.M.P.No.14989 of 2021

                     United India Insurance Company Limited,
                     No.2, Bhuvaneswari Complex,
                     Dr.Sankaran Road,
                     Namakkal District - 637 001                        ... Appellant

                                                           Vs.

                     1.M.Murugesan
                     2.S.Balakumar

                     3.United India Insurance Company Limited,
                       Muthiah Complex,
                       No.1170, Mettur Road,
                       Erode District - 638 011. (given up)
                                                                       … Respondents
                     Prayer:
                           Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, 1988 against the award dated 02.12.2020 made in
                     M.C.O.P.No.179 of 2018 on the file of the Motor Accidents Claims
                     Tribunal(Special District Court) at Erode.

                                    For Appellant    :      Mr.D.Bhaskaran
                                    For Respondent 1 :      M/s.S.P.Yuvaraj
                                    For Respondent 2 :      No Appearance
                                    For Respondent 3 :      Given up

https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                       C.M.A.No.2612 of 2021




                                                            JUDGMENT

This Civil Miscellaneous Appeal has been filed by the Insurance

Company challenging the quantum of compensation awarded in

M.C.O.P.No.179 of 2018, dated 02.12.2020, on the file of the Motor

Accidents Claims Tribunal (Special District Court), Erode.

2. It is reported by the learned counsel for the Insurance Company that

already the claimant has filed appeal for enhancement of compensation in

C.M.A.No.908 of 2021. He further submitted that the Tribunal came to the

conclusion that the claimant had contributed negligence to the accident, as

he has not worn the helmet at the time of accident. Accordingly, the Tribunal

has reduced the compensation to the extent of 15% under the head of

contributory negligence. This Court, by the order dated 24.03.2021 in

CMA.No.908 of 2021 has considered the merits as well as quantum of

compensation so also the negligence point. Under the said order, this Court

enhanced the compensation to Rs.2,47,732/-.

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

3. Since this Court has already considered the case on merits,

including the liability and quantum of compensation, further adjudication is

not necessary in this case and the appeal has become infructuous.

4. Accordingly, this Civil Miscellaneous Appeal is dismissed as

infructuous. No costs. Consequently, the connected Miscellaneous Petition is

closed.

01.12.2023 (1/2)

rjr Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No

To:

1.The Special District Judge, The Motor Accidents Claims Tribunal, Erode.

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

K. RAJASEKAR, J.

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

rjr

and

01.12.2023

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