Madras High Court
The Branch Manager vs Geetha @ Baby on 22 November, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
CMA.No.673 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
CMA.No.673 of 2017
and
CMP.No.5070 of 2017
The Branch Manager,
M/s. New India Assurance Co. Ltd.,
Kukreja House, No.19/1, 1st Floor,
Kumara Krupa Road, Jangalore – 560 001. ...Appellant
Vs.
1. Geetha @ Baby
2. Minor Lavanya @ Geetha
3. Lakshmamma
4. Saradha
Minor Rep. By N.F. Mother Geetha @ Baby
5. B.Jayalakshmi
6. Byattappa ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of he Motor
Vehicles Act, 1988, against the judgment and decree passed in
M.C.O.P.No.593 of 2013 on 24.02.2016 on the file of the Learned Motor
Accident Claims Tribunal (Special District Judge) at Krishnagiri District.
1/6
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CMA.No.673 of 2017
For Appellant : Mr.J.Chandran
For Respondents : No Appearance, for R1 to R6
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging the
judgment and decree passed in M.C.O.P.No.593 of 2013 dated 24.02.2016
on the file of the Motor Accident Claims Tribunal (Special District Judge)
at Krishnagiri District.
2. The case of the appellant is that, the claimants/respondents 1 to 4
filed a claim petition claiming a compensation of Rs.8,00,000/- on the
ground that, on 26.03.2006 at about 4.30 hours, when the deceased Raja was
driving the Tanker Lorry bearing Regn.No.KA-01-AB-9299 as per the
direction of the 5th respondent/owner of the vehicle, insured with the
appellant, the said vehicle lost the control and fell on the roadside pit, as a
result of which, the said Raja died on spot. Thereby, the respondents 1 to
4/claimants, being the dependents of the deceased filed a claim petition
claiming compensation for the death of the deceased Raja. After contest, the
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tribunal, vide impugned judgment awarded a compensation of Rs.3,24,500/-
in favour of the claimants. Challenging the same, the insurer has preferred
this Appeal.
3. Learned counsel appearing for the appellant/insurance company
submitted that the claim petition is not maintainable as with regard to the
very same death, the father and mother of the deceased had filed a claim
petition in WC.A.No.18 of 2007 before the Workman's Compensation Court
and the Deputy Commissioner of Labour awarded a compensation of
Rs.4,07,700/- and, therefore, the second claim petition is not maintainable.
It is the further submission of the learned counsel that the factum of
marriage of the deceased with the said Geetha @ Baby, who filed MCOP
No.593/2013 had been suppressed by the parents of the deceased. The said
facts have not been properly appreciated by the Tribunal, which requires
interference.
4. Though notice was served on the respondents and their names were
printed in the cause list, however, none appeared on their behalf.
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Considering the period of pendency of the appeal, this Court is inclined to
dispose of the same based on the materials placed on record.
5. There is no quarrel that the accident happened in the year 2006 for
which the parents of the deceased filed a claim petition in WC.A.No.18 of
2007 before the Workman's Compensation Court and the Deputy
Commissioner of Labour awarded a compensation of Rs.4,07,700/-. The
said fact is a matter of record and cannot be disputed. The deceased is
married to the 1st claimant in MCOP No.593/2013 and suppressing the claim
made by the parents of the deceased before the Workmen's compensation
Court, the claimants herein have filed a claim petition, which is not
maintainable and, therefore, the award passed by the Tribunal is erroneous
and the same cannot be sustained.
6. Accordingly, the award dated 24.02.2016 passed in
M.C.O.P.No.593 of 2013 by the Motor Accident Claims Tribunal (Special
District Judge), Krishnagiri is set aside and this appeal is allowed.
However, liberty is granted to the claimants/respondents 1 to 4 to work out
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their remedy before the appropriate civil court with regard to receipt of
share of the compensation paid to the parents of the deceased. No costs.
Consequently, the connected Miscellaneous petition stands closed.
22.11.2023
skt
Index : Yes/No
Speaking order : Yes/No
NCC : Yes/No
Copy to:
1. The Motor Accident Claims Tribunal (Special District Judge)
Krishnagiri District
2. The Section Officer,
VR Section, Madras High Court.
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M.DHANDAPANI., J.
skt
and
22.11.2023
https://www.mhc.tn.gov.in/judis
