The Branch Manager vs Vinoth
2024 Latest Caselaw 4859 Mad

Citation : 2024 Latest Caselaw 4859 Mad
Judgement Date : 1 March, 2024

Madras High Court

The Branch Manager vs Vinoth on 1 March, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                              C.M.A(MD)No.833 of 2022




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 01.03.2024

                                                       CORAM

                                   THE HON'BLE MRS.JUSTICE S.SRIMATHY

                                              C.M.A(MD)No.833 of 2022
              1.The Branch Manager,
                M/s.United India Insurance Company Limited,
                Park House Round North, Thiruchur,
                Kerala.

              2.The Branch Manager,
                M/s.United India Insurance Company Limited,
                T.S.No.5476/79, Sundaram Masilla Maaligai,
                Old Thirumayam Road,
                Pudukkottai Town,
                Pudukkottai District.                                          ... Appellants
                                                  Vs.
              1.Vinoth
              2.Mathew
              3.Aravindhan                                                     ... Respondents

              (Notice to 2nd and 3rd respondent is given up
              as no relief is claimed against them)
              PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
              Vehicle Act, against the Fair and Decreetal Order dated 29.03.2021 made in
              M.C.O.P.No.181 of 2016 on the file of the Motor Accidents Claims Tribunal
              (Additional District Court), Pudukkottai.
                                  For Appellants    : Mr.B.Rajesh Saravanan
                                  For R1            : M/s.A.Banumathy
                                  R2 and R3         : Given up



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                                                                                C.M.A(MD)No.833 of 2022




                                                    JUDGMENT

The Insurance Company has preferred this Civil Miscellaneous Appeal.

2. It is a case of injury. The two-wheeler had hit against the heavy vehicle,

thereby the driver of the two-wheeler suffered injury. The Tribunal had fixed the

partial permanent disability as 90%. Both the two-wheeler and the heavy vehicle

were insured with United India Insurance Company Limited. The tortfeasor is the

two-wheeler. The Tribunal has fixed the contributory negligence of 20% on the

driver of the two-wheeler and further directed the United India Insurance

Company to pay the 20% contributory negligence. When the tortfeasor is the

claimant, the Insurance Company is not liable, hence the Insurance Company

prayed to delete the 20% of the award (i.e., Rs.1,37,490/-) to be given by the 2 nd

appellant herein. This Court is accepting the plea of the Insurance Company.

Since the tortfeasor cannot make any claim, the claimant cannot force the

Insurance Company to pay the compensation. Therefore, that portion of the order

alone is modified.

3.The modified compensation granted by this Court is as under:

Total compensation granted by Tribunal = Rs.6,87,450/-

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Deducting 20% of contributory negligence = - Rs.1,37,490/-

Total compensation granted by this Court = Rs.5,49,960/- (reduced)

3.Therefore, the 1st appellant herein is directed to deposit Rs.5,49,960/- with

interest at the rate of 7.5% per annum and costs to the credit of M.C.O.P., on the

file of claims Tribunal, less the amount already deposited, if any, within a period

of eight weeks from the date of receipt of a copy of this judgment. On such

deposit, the claimant is permitted to withdraw the same with accrued interests and

costs, less the amount already withdrawn by him, if any, by filing appropriate

application before the Tribunal. The 2nd appellant herein is permitted withdraw

the excess deposited amount along with accrued interest of the excess amount, if

any.

4. With the above said directions, the Civil Miscellaneous Appeal is partly

allowed. No costs.


                                                                              01.03.2024
              NCC                 :   Yes / No
              Index               :   Yes / No
              Internet            :   Yes / No

              Tmg




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              To

              1. The Motor Accidents Claims Tribunal,