Madras High Court
P. Velmurugan vs V. Shivakumar on 1 March, 2023
1 C.M.A.No.4471 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.No.4471 of 2019
P. Velmurugan ...Appellant
Versus
1.V. Shivakumar
2. ICICI Lombard General Insurance
Company Ltd.,
Zenith House, Keshavrao Khade Marry,
Mahalakshmi, Mumbai. ..Respondents
Prayer: Civil Miscellaneous Appeal is filed against the Judgment and
Decree in MCOP No.88 of 2011 dated 28.04.2016 on the file of the Motor
Accident Claims Tribunal, Cheyyar.
For Appellant : Mr. Makesh. S
For Respondents : Mr. K. Poomalai for R2
: No Appearance for R1
*****
JUDGMENT
This appeal has been filed by the appellant against the Judgment and
Decree in MCOP No.88 of 2011 dated 28.04.2016 on the file of the Motor
Accident Claims Tribunal, Cheyyar.
https://www.mhc.tn.gov.in/judis
2. The appellant is the claimant/petitioner in MCOP No.88 of 2011
and 1st respondent is the owner of the vehicle and 2nd respondent is the
Insurance Company.
3. The petitioner sustained grievous injuries in a road accident which
took place on 23.09.2010 and filed the aforesaid claim petition before the
Tribunal seeking for compensation for Rs.5,00,000/-. The Tribunal after
hearing both sides and perusing the oral and documentary evidence, passed
an order of compensation of Rs.1,18,156/- to the claimant-
petitioner/appellant herein directing the owner of the vehicle/1st
respondent to pay the said compensation to the petitioner/appellant herein
after fixing the liability on him. Being aggrieved by the aforesaid award,
the claimant-petitioner/appellant herein has filed the present Civil
Miscellaneous Appeal seeking for enhancement of compensation and fixing
the liability on the Insurance company/2nd respondent herein.
4. The learned counsel for the appellant would submit that the
Tribunal has fixed the liability on the Insurance Company while passing the
award to other claimants who sustained injuries in the same accident in
MCOP Nos.213 to 215 of 2010. However, the Tribunal in the case of the
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appellant, passed an award fixing the liability on the owner of the
vehicle/1st respondent herein despite fact that the said offending vehicle
was insured with the 2nd respondent herein and even the Insurance policy
was valid at the time of the said accident. Further, the Tribunal has awarded
the compensation in a meagre level under all the heads sought by the
claimant-petitioner/appellant herein without considering the grievous
injuries sustained by the claimant-petitioner/appellant herein and hence
seeks this Court to enhance the compensation awarded by the Tribunal and
fix the liability on the Insurance Company/2nd respondent herein after
removing the owner of the vehicle/1st respondent herein from the liability
for payment of compensation.
5. The learned counsel for the 2nd respondent would submit that the
Tribunal has awarded the compensation after hearing both sides and
perusing the entire oral and documentary evidence. Hence, this Court need
not to interfere with the award passed by the Tribunal.
6. Heard both sides and perused the materials available on records.
There is no representation for the 1st respondent either in person or through
his counsel.
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7. On a perusal of the records, it is seen that the Tribunal has awarded
the compensation to the claimant-petitioner/appellant herein in a proper and
justifiable manner after considering the oral and documentary evidence
placed before the Tribunal. Hence, this Court does not warrant any
interference with the award of compensation passed by the Tribunal.
However, insofar as fixation of liability is concerned on the owner of the
vehicle, this Court is inclined to interfere with the same since the offending
vehicle was duly insured with the 2nd respondent and the Insurance policy
was also in force at the time of the accident. Further, while the Tribunal has
awarded the compensation to other claimants sustained injuries in the same
accident in MCOP Nos.213 to 2015 of 2010, fixing the liability on the
Insurance company/2nd respondent herein, in this case, the Tribunal has
erred in fixation of the liability on the owner of the vehicle which cannot be
accepted and is liable to be set aside.
8. In view of the above, this Court is inclined to fix the liability on
the Insurance company by setting aside the fixation of liability on the owner
of the vehicle/1st respondent herein and confirming the award amount
passed by the Tribunal. Hence, the Insurance company/2nd respondent
herein is hereby directed to deposit the compensation amount of
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Rs.1,18,156/- along with interest @7.5% p.a. from the date of claim petition
till the date of realization within a period of six weeks to the credit of
MCOP No.88 of 2011 on the file of the Motor Accident Claims Tribunal,
Cheyyar.
9. On such deposit, the claimant-petitioner/appellant herein is entitled
to withdraw the said compensation after filing the due application before
the concerned Tribunal.
10. In the result, the Civil Miscellaneous Appeal stands partly
allowed. No Costs.
01.03.2023
Lbm
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
https://www.mhc.tn.gov.in/judis
A.A.NAKKIRAN, J.
Lbm
To:
1.The Motor Accident Claims Tribunal,
Cheyyar.
2.The Section Officer,
V.R.Section, High Court, Madras.
C.M.A.No.4471 of 2019
01.03.2023
https://www.mhc.tn.gov.in/judis
