Madras High Court
The New India Assurance Co. Ltd vs Madhammal on 4 June, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.M.A.No.2571 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2024
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2571 of 2021
and
C.M.P.No.14722 of 2021
The New India Assurance Co. Ltd.,
Represented by its Divisional Manager,
1st Floor, Amman Complex,
No.1360, EVN Road, Erode - 638 011. ... Appellant
Vs.
1. Madhammal
2.Nishanthi
3.Minor Barathkumar
4.Minor Kowsalya
(Respondent Nos.3 and 4 being minors are
represented by their next friend / 1st respondent
Mother Madhammal)
5.B.Govindaraj ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 challenging the award dated 10.12.2020 made in
M.C.O.P. No.59 of 2018 on the file of the Motor Accident Claims Tribunal,
(Special District Court), Dharmapuri.
For Appellant : Mr.S.Dhakshnamoorthy
For Respondents : Mr.M.Selvam
for R1 to R4
R5 - Ex-parte
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.2571 of 2021
JUDGMENT
This appeal has been filed by the Insurance Company, questioning the
contributory negligence determined by the Tribunal and also questioning the
multiplier adopted by the Tribunal for assessing the loss of income of the
deceased. According to the appellant / Insurance Company, being a head-on
collision and the deceased had driven his vehicle by violating the traffic
rules, the Tribunal ought to have fixed his contributory negligence at a
higher percentage than 25%. It is also the contention of the appellant that
even though the deceased was aged 51 years, the Tribunal has determined
his age at 49 years based on the ex-service man book. But the driving license
reveals that his age was 51 years. The contention of the learned counsel for
the appellant before this Court is disputed by the learned counsel for the
respondents / claimants.
2. The learned counsel for the appellant also contends that the rough
sketch with regard to the spot of the accident is very much available, but,
however, the same has not been marked as an exhibit before the Tribunal.
The learned counsel for the respondents / claimants has also not raised any
serious objection if the matter is remanded back to the Tribunal for fresh
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consideration on merits and in accordance with law by granting liberty to the
appellant / Insurance Company to file additional documents before the
Tribunal. Admittedly, the respondents / claimants have not withdrawn any
sum from and out of the deposit made by the appellant / Insurance Company
before the Tribunal. While that be so, no prejudice would be caused to any
of party if the matter is remanded back to the Tribunal for fresh
consideration on merits and in accordance with law after granting liberty to
both the parties to file additional documents if they deem so fit to file and
the Tribunal is directed to pass an award within a time frame to be fixed by
this Court.
3. Since sufficient documentary evidence has not been produced by
the appellant / Insurance Company despite the fact that certain documents to
substantiate their contentions are very much available and in view of the fact
that the learned counsel for the respondents / claimants has not raised any
serious objection for remanding the matter back to the Tribunal for fresh
consideration, this Court deems it fit to set aside the impugned award and
remand the matter back to the very same Tribunal for fresh consideration on
merits and in accordance with law, after granting liberty to both the parties
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to file additional documents if any before the Tribunal.
4. In the result, the impugned award is hereby set aside and the matter
is remanded back to the very same Tribunal (i.e., The Motor Accident
Claims Tribunal, (Special District Court), Dharmapuri) for fresh
consideration on merits and in accordance with law and liberty is granted to
all the parties to file additional documents before the Tribunal and the
Tribunal shall consider the same on merits and in accordance with law after
affording an opportunity to cross examine the witnesses to both the parties
and the Tribunal is directed to pass a final award within a period of four
months from the date of receipt of a copy of this Judgment. No Costs.
Consequently, the connected miscellaneous petition is closed.
04.06.2024
Index : Yes/No
Speaking Order : Yes / No
Neutral Citation Case: Yes / No
ab
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To
1. The Motor Accident Claims Tribunal, (Special District Court),
Dharmapuri.
2. The Section officer, Record Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE. J.,
ab
04.06.2024
https://www.mhc.tn.gov.in/judis
