Madras High Court
The National Insurance Company ... vs Manjula on 5 June, 2023
C.M.A.(MD).No.1223 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1223 of 2017
and
C.M.P(MD) No.11998 of 2017
The National Insurance Company Limited,
Promanede Road,
Contonment,
Trichy -1 .....Appellant/Respondent No.3
-vs-
1. Manjula .... Respondent No.1/Petitioner No.1
2. Minor Hemavarshan
(Minor is represented through his mother
and next friend first respondent Manjula herein)
.... Respondent No.2/Petitioner No.2
3. Jeyalakshmi ... Respondent No.3/Petitioner No.3
4. Raju .... Respondent No.4/ Respondent No.1
5. M/s. National Insurance Company Ltd.,
Divisional Office – I,
3rd Floor, Unity Building,
Annexe, 72, Mission Road,
Bangalore – 560 027. .... Respondent No.5 /Respondent No.2
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.1795 of
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C.M.A.(MD).No.1223 of 2017
2006, dated 08.12.2009 on the file of the Motor Accidents Claims Tribunal/III
Additional Sub Court, Tiruchirapalli.
For Appellant : Mr.D.Sivaraman
For Respondents : No appearance
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the Insurance
Company challenging the award passed by the Motor Accidents Claims
Tribunal/III Additional Sub Court, Tiruchirapalli, in M.C.O.P.No.1795 of
2006, primarily on the ground of liability and the quantum.
2. The deceased was riding a two wheeler and a Lorry, coming from the
opposite direction dashed against the said two wheeler, due to which, the
rider of the two wheeler fell down and died on the spot. The legal heirs of the
rider of the two wheeler had filed a claim petition.
3. According to the claimants, the deceased involved in Korai Mate
Manufacturing sales and he was also doing local money lending and paddy
sales business and he was earning a sum of Rs.30,000/- (Rupees Thirty
Thousand only) per month.
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C.M.A.(MD).No.1223 of 2017
4. The owner of the lorry had remained ex-parte and the Insurance
Company had filed a counter contending that at the time of accident, the
driver of the Mini Lorry was having only LMV license without any
endorsement. Therefore, they are not liable to pay any compensation
whatsoever. He had further contended that no proof has been filed to establish
the income of the deceased person and therefore, the award of the Tribunal of
a sum of Rs.12,24,000/- (Rupees Twelve Lakhs and Twenty Four Thousand
only) towards loss of income, is on the higher side.
5. Though the claimants have been served, there is no appearance for
them either in person or through their counsel.
6. Though the owner of the vehicle could not be served for want of the
correct address, however, considering the facts of the case, this Court has
proceeded to pass the orders.
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C.M.A.(MD).No.1223 of 2017
7. The first contention of the learned counsel appearing for the
appellant is that the driver of the Mini Lorry was having only LMV License
without any endorsement or badge and therefore, there is a violation of policy
condition and they are not liable to pay any compensation. However, in view
of the judgment of the Hon'ble Supreme Court reported in 2017 14 SCC 663
(Mukund Dewangan Vs. Oriental Insurance Company Ltd.,) as far as the
LMV vehicle is concerned, the badge/endorsement is not required. In the
present case, admittedly, the offending vehicle viz., Mini Lorry is an LMV
vehicle and therefore, it does not require any badge or endorsement. In view
of the above said judgment of the Hon'ble Supreme Court, the said contention
of the learned counsel appearing for the appellant is not legally sustainable.
8. The learned counsel appearing for the appellant had further
contended that the claimants have not filed any proof whatsoever to establish
the fact that the deceased was involved in Korai Mate Manufacturing sales.
However, a perusal of the Ex.P.10 to Ex.P.12 would clearly indicate that the
deceased was involved in the said Korai Mate Manufacturing sales.
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C.M.A.(MD).No.1223 of 2017
9. The Tribunal has taken into consideration only a sum of Rs.9,000/-
(Rupees Nine Thousand only) as the monthly income of the deceased person
and had applied the proper multiplier and ultimately, arrived at the loss of
income of Rs.12,24,000/- (Rupees Twelve Lakhs and Twenty Four Thousand
only). The award under the conventional heads cannot be considered either
excess or unreasonable.
10. In view of the above said deliberations, this Court does not find any
merit in the appeal. Accordingly, this Civil Miscellaneous Appeal stands
dismissed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
05.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.1223 of 2017
To
1. The Motor Accident Claims Tribunal/
III Additional Sub Court,
Tiruchirappalli.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.1223 of 2017
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.1223 of 2017
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.1223 of 2017
05.06.2023
https://www.mhc.tn.gov.in/judis
