Reliance General Insurance ... vs Arthanari
2023 Latest Caselaw 12055 Mad

                                                                               C.M.A. No.2479 of 2018


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 08.09.2023

                                                        Coram:

                                   THE HONOURABLE MR. JUSTICE P.VELMURUGAN

                                              C.M.A. No.2479 of 2018 and
                                                CMP No.18914 of 2018

                    Reliance General Insurance Company Ltd.,
                    Shri Lakshmi Complex,
                    1st Floor, Bharathi Street,
                    Omalur Main Road,
                    Swarnapuri, Salem                                        ... Appellant
                                                      Vs.
                    1. Arthanari
                    2. Sadasivam
                    3. Murugesan
                    4. Kandasamy
                    5. Venkatesh
                    6. Shanthi
                    7. Duraimurugan                                          ... Respondents



                    Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                    Vehicles Act, 1988, against the Award and decree dated 08.11.2013 made in
                    M.C.O.P. No.350 of 2011 on the file of the Motor Accidents Claims
                    Tribunal, Subordinate Judge, Sankari.

                                          For Appellant     : Mr.S.Arun Kumar
                                          For Respondents : Mr.C.Paraneedharan for R1 to R6




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                                                                                  C.M.A. No.2479 of 2018


                                                    JUDGMENT

This Civil Miscellaneous Appeal is filed against the Award and

decree dated 08.11.2013 made in M.C.O.P. No.350 of 2011 on the file of the

Motor Accidents Claims Tribunal, Subordinate Judge, Sankari.

2. The appeal is filed by the Insurance Company. The

respondents 1 to 6 are the claimants. The 7th respondent is the owner of the

offending car and the appellant is the insurer of the offending car.

3. The case of the claimants is that on 14.04.2011, the deceased

Thangammal was standing near Koottapalli bus stop at the extreme left side

of Erode-Tiruchengode main road. At that time, a car bearing Regn. No.TN-

28-AB-2881, driven by its driver in a rash and negligent manner, hit against

the deceased. Due to that impact, the deceased fell down on the ground and

sustained injuries on her head, right hand finger, right leg and all over the

body. After the accident, she was admitted in the Government Hospital,

Tiruchengode and thereafter, shifted to Lotus Hospital, Erode and succumbed

to injuries on 27.04.2011.

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4. The claimants who are the husband, sons and daughter of the

deceased, filed a claim petition in M.C.O.P. No.350 of 2011 before the Motor

Accident Claims Tribunal, Sub Court, Sankari, and the Tribunal awarded

compensation of Rs.5,04,000/- with interest at the rate of 7.50% per annum

from the date of petition till realization.

5. Challenging the said award, the claimants filed an appeal in

CMA No.2472 of 2018 for enhancement of compensation and the Insurance

Company filed the present appeal questioning the liability.

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

counsel for the respondents 1 to 6.

7. Though both the appeals were filed in the same year 2018

itself, one appeal i.e. CMA No.2472 of 2018 filed by the claimants was

allowed to be argued on 02.11.2018 and the same was disposed of on

08.01.2019 itself, whereas, the Insurance Company appeal was kept pending.

Neither the counsel for the Insurance Company nor the counsel for the

claimants had brought to the knowledge of this Court and both of them

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colluded together and they did not bring the other appeal to this Court while

this Court was disposing of one of the appeals. Even after disposal of one of

the appeals in the year 2019, the appeal filed by the Insurance Company is

pending till 2023.

8. Though the learned counsel for the appellant/Insurance

Company argued that the driver of the offending car was not having valid

driving licence to drive the category of vehicle involved in the accident and

therefore, the liability fixed by the Tribunal is erroneous, he has not disputed

the accident and the manner of accident and rash and negligent driving of the

driver of the offending car. His only contention is that the driver of the

offending car had not got endorsement in his driving licence to drive the

Tourist vehicle, whereas, the Motor Vehicle Inspector has clearly made an

endorsement in his report that the driver of the offending car was having

valid driving licence and the appellant/Insurance Company has not proved

contra to the evidence of the Motor Vehicle Inspector. Therefore, there is no

merit in the appeal.

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9. Already the appeal filed by the claimants was disposed of and

this Court has also enhanced the compensation and directed

appellant/Insurance Company to pay the compensation to the claimants. The

Insurance Company so far not challenged the said order passed by this Court

in CMA No.2472 of 2018 dated 08.01.2019. Therefore, for the very same

accident, the Court cannot take two different views, since the Insurance

Company has not challenged the order passed by this Court in CMA 2472 of

2018.

10. Further, a perusal of the records shows that the Advocate who

has filed the present appeal for the Insurance Company only has appeared on

behalf of the Insurance Company in the other appeal filed by the claimants in

CMA No.2472 of 2018 and despite that, it was not brought to the knowledge

of this Court while disposing of the other appeal that this appeal is pending

before this Court.

11. The appellant/Insurance Company, without any valid reasons,

keeping this appeal pending and despite the other appeal in CMA No.2472 of

2018 was disposed of by this Court by Judgement dated 08.01.2019, so far,

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they have not paid the award amount and for the past 4 years keeping this

appeal unnecessarily pending not only caused inconvenience to the claimants

from getting the award amount, but also caused inconvenience to this Court.

This type of attitude of the Panel Advocates cannot be encouraged.

12. Therefore, this Civil Miscellaneous Appeal is dismissed.

Consequently, connected Miscellaneous Petition is closed. There shall be no

order as to the costs in the present appeal.

                                                                                       08.09.2023

                   ksa-2
                   Index        : Yes / No
                   Speaking Order : Yes / No
                   Neutral Citation Case : Yes/No





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 https://www.mhc.tn.gov.in/judis
                                                                       C.M.A. No.2479 of 2018


                   To

1.The Motor Accidents Claims Tribunal, Sub Court, Sankari.

2.The Section Officer, VR Section, High Court, Madras.

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P.VELMURUGAN, J

ksa-2

C.M.A. No.2479 of 2018

08.09.2023

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