Madras High Court
The Branch Manager vs Ambika on 7 March, 2023
C.M.A. (MD)No.234 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.234 of 2023
and
C.M.P.(MD) No.2768 of 2023
The Branch Manager,
The Oriental Insurance Company Limited,
Theni. ...Appellant/ 2nd Respondent
Vs.
1.Ambika
2.Minor Rajesh @ Abi Prakash
3.Minor Yogana
4.Packiyam (died) ...Respondents/ Petitioners
1 to 4
5.Maheswaran
6.P.K.Ramesh
7.Lenin ...Respondents/Respondents
1 to 3
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the decree and judgment dated 21.10.2021
made in M.C.O.P.No.62 of 2016 on the file of the learned Chief Judicial
Magistrate Court, Sivagangai.
For Appellant : Mr. A.Ilango
1/7
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C.M.A. (MD)No.234 of 2023
For R5 : Mr.R.Saravanan
JUDGMENT
This Civil Miscellaneous Appeal has been filed seeking to set aside the
award and decree made in M.C.O.P.No.62 of 2016 on the file of the learned Chief
Judicial Magistrate Court, Sivagangai.
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:-
(ii)the first petitioner is the wife of the deceased viz., Ilangeshwaran and
the second and third petitioners are her children and the fourth petitioner is her
father-in-law and father of the deceased.
(iii) the deceased while driving his Motor Cycle on 02.06.2011 at about
08.10 p.m., a tractor bearing Registration No.TN-60-W-5798 belonging to the first
respondent driven in a rash and negligent manner dashed against the two wheeler
of the deceased and as a result, the deceased succumbed to injuries. The deceased
was earning a sum of Rs.450/- per day. The said tractor was insured with the
second respondent.
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C.M.A. (MD)No.234 of 2023
3.The stand of the Insurance Company before the Tribunal is that at the
time of the accident the vehicle was registered in the name of the fourth
respondent. It is also averred that there is no negligence on the part of the driver
of the tractor.
4.To substantiate the case before the Tribunal on the side of the claimants
P.W.1 and P.W.2 were examined and Ex.P1 to Ex.P13 were marked and on the side
of the Insurance Company R.W.1 was examined and Ex.X1 was marked.
5. Considering the factual aspects and the evidence adduced, the
Tribunal has fixed the following compensation with interest at the rate of 7.5% per
annum:
S. Heads Amount
No
1. Dependency compensation Rs.13,10,400/-
2. Loss a state Rs. 15,000/-
3. Consortium Rs. 40,000/-
4. Funeral expenses Rs. 15,000/-
Total Rs.13,80,400/-
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C.M.A. (MD)No.234 of 2023
The Tribunal has directed the Insurance Company to pay the entire award amount
at the first instance with accrued interest to the claimants and recover the same
from the respondents 1, 3 and 4 in the claim petition. Challenging the same, the
present Civil Miscellaneous Appeal has been filed by the Insurance Company.
6.The learned counsel for the appellant contended that since the seventh
respondent is the registered owner of the vehicle at the time of accident, there
should be a direction to recover the compensation amount from the seventh
respondent alone. But the tribunal had ordered recovery from the respondents 5
to 7. Hence, the appellant is before this Court with the present appeal.
7. I have heard the learned counsel appearing on either side and perused
the entire materials placed on record.
8.On carefully weighing the contentions raised by both sides and
considering the award passed by the Tribunal, this Court is of the view that the
Tribuanl has already granted the decree to recover the amount from the
respondents 5 to 7. It is for the Insurance Company to enforce the decree as
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C.M.A. (MD)No.234 of 2023
against the seventh respondent in the manner known to law and it is always open
to the Insurance Company to initiate recovery proceedings against the seventh
respondent as per the award passed by the Tribunal.
9.For the reasons stated above, I find no merits in this appeal.
Accordingly, this Civil Miscellaneous Appeal is dismissed.
10.The appellant is directed to deposit the entire compensation amount
as awarded by the Tribunal with accrued interest and costs at the first instance to
the credit of M.C.O.P.No.62 of 16, on the file of the Motor Accident Claims
Tribunal / Chief Judicial Magistrate Court, Sivagangai within a period of one
month from the date of receipt of copy of this judgment, less the amount, if any
already deposited and thereafter, the appellant / Insurance Company is entitled to
recover the same from the seventh respondent. On such deposit, the major
claimant is permitted to withdraw the award amount as apportioned by the
Tribunal, less the amount, if any already withdrawn, by making necessary
application before the Tribunal. The Tribunal shall deposit the shares of the minor
claimants in a Fixed Deposit in any one of the Nationalized Banks, till they attain
majority. The mother / guardian of the minors is permitted to withdraw the interest
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C.M.A. (MD)No.234 of 2023
accrued thereon once in three months directly from the bank. No costs.
Consequently, connected miscellaneous petition is closed.
07.03.2023
Index : Yes/No
Internet : Yes/No
ta
To
1.The Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Sivagangai
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.234 of 2023
N.SATHISH KUMAR, J.
ta
C.M.A.(MD)No.234 of 2023
07.03.2023
https://www.mhc.tn.gov.in/judis
