T.Thangapandy vs M.Murugan
2023 Latest Caselaw 7213 Mad

                                                                                           C.M.A.(MD)No.135 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 28.06.2023

                                                            CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                 C.M.A.(MD)No.135 of 2023

                1.T.Thangapandy
                2.Minor T.Kamala
                3.Minor T.Jansirani                                         ...Appellant/Petitioner

                [minors rep. through their father/guardian/next friend 1st petitioner]

                                                              Vs.
                1.M.Murugan
                2.The Divisional Manager,
                  M/s.Shri Ram General Insurance Company Ltd.,
                  Hak Road, Ground Floor,
                  Chinna Chockikulam,
                  Madurai-625 002.                             ...Respondents/Respondents


                PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, 1988, to modify the order dated 31.03.2015 made in
                M.C.O.P.No.30 of 2013 on the file of the IV Additional District Court (MACT),
                Madurai by fixing the liability to the second respondent instead of fixing the
                liability to the first respondent in M.C.O.P.No.30 of 2013.


                                        For Appellant        : Mr.A.Haja Mohideen
                                        For R2               : Mr.A.Balaji


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                                                                                        C.M.A.(MD)No.135 of 2023


                                                          JUDGMENT

This appeal has been filed challenging the order of the Motor Accident

Claims Tribunal/IV Additional District Court in M.C.O.P.No.30 of 2013, dated

31.03.2015 directing the first respondent to pay the entire compensation amount.

2.For the sake of convenience, the parties are referred to herein, as per

their rank before the Trial Court.

3.The brief facts, leading to the filing of this Civil Miscellaneous

Appeal, are as follows:-

(i)The deceased, namely Nagalakshmi and other workers were travelling

in the vehicle bearing Registration No.TN-59-AA-7922, belonging to the first

respondent. At that time, the first respondent, driver cum owner, drove the vehicle

in a rash and negligent manner and as a result, the vehicle capsized. The persons

travelled in the vehicle also got injured and one of the passengers died.

(ii)the first claimant is the husband of the deceased. The second and

third claimants are the minor children of the deceased. The deceased was 35 years

old. She was working in the coconut shop and earning a sum of Rs.6,500/- with

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.135 of 2023

batta of Rs.30 per month. Hence, the petitioners filed the claim petition seeking

compensation of Rs.5,00,000/-.

(ii) The Insurance Company took a stand before the Tribunal that the

passengers travelling in the vehicle were gratuitous passengers. Therefore, the

Insurance Company is not liable to pay compensation.

(iii)The Tribunal on appreciation of evidence, holding that neither the

deceased nor the injured are the owner of the goods and they travelled only as

gratuitous passengers, exonerated the Insurance Company and directed the owner

of the vehicle to pay the compensation.

4.Challenging the said finding, the present appeal is filed.

5.The only grievance of the appellants before this Court is that with

regard to the same accident, as much as 7 claim petitions have been filed in

M.C.O.P.Nos.2350, 2351, 2353, 2355, 2357 and 2358 of 2013 by the injured

claimants as well as the legal heirs of the dependants. In all the above cases, the

Tribunal had directed the Insurance Company to pay the compensation first and

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.135 of 2023

recover the same from the owner of the vehicle. The above orders had also been

complied by the Insurance Company. However, only in the present case, the

Tribunal had directed the first respondent /owner of the vehicle to pay the

compensation amount.

6.The learned counsel for the appellants contended that since the

Insurance Company satisfied the award in all other cases arising out of the same

accident, same direction has to be made in the present case also.

7.The learned counsel for the Insurance Company fairly submitted that

as far as the seven claim petitions are concerned, the Insurance Company satisfied

the award passed by the Tribunal and also complied with the direction of the the

Tribunal and no appeal has been filed as against the said claim petitions.

4.In view of the aforesaid submissions, this Court is of the view that

when in the petitions arising out of the same accident the Insurance Company had

also satisfied with the award, similar yardstick has to be applied in this case also.

No doubt that as far as gratuitous passengers, the Insurance Company cannot be

directed to pay the compensation amount. But the fact remains that the Insurance

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Company has not challenged the award made in other cases and in fact they

satisfied the award and also deposited the entire amount in all other cases referred

above.

5.In such view of the matter, in the interest of the claimants, the

Insurance Company is directed to pay the compensation as awarded by the

Tribunal with interest and costs from the date of petition till the date of realization

at the first instance to the credit of M.C.O.P.No.30 of 2013, on the file of the

Motor Accident Claims Tribunal/IV Additional District Court, Madurai within a

period of four weeks from the date of receipt of a copy of this judgment, less the

amount, if any already deposited, thereafter, the Insurance Company is entitled to

recover the same from the first respondent. On such deposit, the major claimant is

permitted to withdraw the said amount as apportioned by the Tribunal, less the

amount if any already withdrawn, by making necessary application before the

Tribunal. The share of the minor claimants shall be deposited in any one of the

Nationalized Bank, till the minor claimants attain majority. The guardian of the

minor claimants is entitled to withdraw the interest once in three months directly

from the bank.

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6.In the result, this Civil Miscellaneous Appeal is allowed. No costs.

Consequently, connected miscellaneous petition is closed.

28.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No ta

To

1.The Motor Accident Claims Tribunal/ IV Additional District Court, Madurai.

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.135 of 2023

N.SATHISH KUMAR, J.

ta

C.M.A.(MD)No.135 of 2023

28.06.2023

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