United India Insurance Company ... vs Kuppan
2023 Latest Caselaw 7068 Mad

                                                                             C.M.A.No.2533 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 26.06.2023

                                                        CORAM

                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                                C.M.A.No.2533 of 2019
                                              and C.M.P.No.12042 of 2019

                United India Insurance Company Ltd.,
                Divisional Office,
                Salem.                                                        ... Appellants
                                                    Vs.

                1.Kuppan
                2.Sivabakkiyam                                                ... Respondents


                Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
                Judgment and Decree dated 10.04.2018 passed in M.C.O.P.No.64 of 2016 on
                the file of the Motor Accident Claim Tribunal (III Additional District Court),
                Kallakurichi, Villupuram District.

                                   For Appellant          : Mr.J.Chandran

                                   For Respondents
                                         For R1           : Mr.R.Kumaravel

                                        For R2            : Unclaimed




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https://www.mhc.tn.gov.in/judis
                                                                                    C.M.A.No.2533 of 2019

                                                   JUDGMENT

This Civil Miscellaneous Appeal arises against the award passed by the

Motor Accidents Claims Tribunal (III Additional District Judge), Kallakurichi,

Villupuram District, in M.C.O.P.No.64 of 2016 on 10.04.2018.

2. It is the case of the appellant that on 22.01.2017 at about 4.30 a.m., the

2nd respondent's Luxury Bus bearing Reg.No.PY-01-CB-0919 driven in a rash

and negligent manner and dashed against the 1st respondent's house. When the

bus was taken out by heavy weight lifter from the 1 st respondent's house, the

full house was damaged. The 1st respondent's household things worth Rs.2 lakh

and cash Rs.50,000/- were damaged. The damaged house building worth about

Rs.13 lakhs. The 1st respondent filed petition seeking compensation for the

alleged accident on the ground that the appellant / 1st respondent is the owner of

the vehicle and the 2nd respondent was insurer of the vehicle are vicariously

liable to pay compensation to the petitioner for a sum of Rs.15,00,000/- with

interest and costs. Hence, the appellant / insurance company filed the present

appeal.

https://www.mhc.tn.gov.in/judis C.M.A.No.2533 of 2019

3. The learned counsel for the appellant / insurance company submitted

that insurance policies of the respondents have not been marked before the

Tribunal to prove the contention. Therefore, an opportunity may be given to the

insurance company to produce the evidence and agitate the same before the

Court below.

4. The learned counsel for the 1st respondent also has no objection to

remand back this matter to the Court below for fresh consideration.

5. Heard the learned counsel for the appellant and the learned counsel for

the respondent and perused the materials available on record.

6. It is seen from the records that the appellant has failed to produce

insurance policies of the respondents, which are vital evidence of this case.

Therefore, this Court is inclined to grant an opportunity to the appellant to mark

the evidence / insurance policies of the respondents.

https://www.mhc.tn.gov.in/judis C.M.A.No.2533 of 2019

7. In view of the above, this Court is of the view that it would be

appropriate to remand the matter back to the Motor Accident Claims Tribunal

(III Additional District Judge), Kallakurichi, Villupuram, for reconsideration.

8. Accordingly, the order passed by the Motor Accident Claims Tribunal

(III Additional District Judge), Kallakurichi, Villupuram District, in

M.C.O.P.No.64 of 2016 dated 10.04.2018 is set aside and the matter is

remanded back to the Court below for fresh consideration.

9. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

26.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ata

To

The Presiding Officer, The Motor Accident Claim Tribunal (III Additional District Judge), Kallakurichi, Villupuram District.

https://www.mhc.tn.gov.in/judis C.M.A.No.2533 of 2019

A.A.NAKKIRAN.J,

ata

C.M.A.No.2533 of 2019

26.06.2023

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