Madras High Court
M/S. United India Insurance Co. Ltd vs K.Ganesan (Died) on 11 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2507 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2507 of 2024 and
C.M.P.No.19882 of 2024
M/s. United India Insurance Co. Ltd.,
Represented by its Regional Manager,
Regional office, White's Road,
Chennai ... Appellant
vs.
K.Ganesan (died)
1. Parameshwari
2. Silambarasan
3. M/s.Ashok Leyland Ltd.,
Plan II, No.77, SIPCOT Electronic Complex,
Perandapalli, Hosur.
4. The Managing Director,
Tamilnadu State Transport Corporation,
Dharmapuri. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award, dated 13.02.2023 in
M.C.O.P.1115/2014 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Dharmapuri.
For Appellant : Mr.S.Arun Kumar
JUDGMENT
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Questioning the quantum of compensation awarded by the
Motor Accident Claims Tribunal, Dharmapuri in M.C.O.P.1115/2014, the
present appeal is filed by the appellant, the United India Insurance
Company Limited, Chennai.
2. The claimant, K.Ganesan (deceased) filed a claim petition
under Section 166 of Motor Vehicles Act in M.C.O.P.1115/2014 before
the Motor Accident Claims Tribunal, Chief Judicial Magistrate,
Dharmapuri, seeking compensation of Rs.10,00,000/- for the injuries
sustained by him in a road accident which happened on 05.11.2004.
During the pendency of the claim petition, Ganesan died and his legal
heirs were impleaded as claimants 2 and 3.
3. The brief case of the claimant is as follows :
On 05.11.2004, Ganesan (deceased) was driving a bus bearing
Registration number TN-29-N-1227 belonging to the fourth respondent,
Tamilnadu State Transport Corporation, on Krishnagiri-Hosur National
highways. When he was nearing Hosur at about 6.00 p.m., a chassis
bearing temporary Registration number TN-24-ZT-3420, hit the bus, as a
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result of which, Ganesan (deceased) sustained injuries all over his body.
He was immediately rushed to Government hospital, Hosur. Subsequently,
he was admitted in St. John's Medical College Hospital in Bangalore as an
inpatient from 05.11.2004 to 27.11.2004.
4. According to Ganesan (deceased), the rash and negligent
driving of the driver of the Chassis bearing temporary Registration number
TN-24-ZT-3420 was the cause of the accident and that since the owner of
the vehicle had insured his vehicle with the appellant, the United India
Insurance Company Limited, the owner and the insurer are jointly and
severally liable to pay compensation to him.
5. The Tribunal, after analysing the evidence on record, fastened
negligence on the part of the driver of the Chassis and awarded
compensation of Rs.79,675/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of realisation vide, its orders
dated 13.02.2023.
6. Aggrieved over the quantum of compensation awarded by the
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Tribunal, the appellant / Insurance Company has filed the present appeal
under Section 173 of the Motor Vehicles Act.
7. Heard Mr.S.Arun Kumar, learned counsel for the appellant,
Insurance Company.
8. Mr.S.Arun Kumar, learned counsel for the appellant,
Insurance Company contended that the Tribunal has awarded a sum of
Rs.25,000/- towards Transportation charges which is on the higher side
and therefore prayed for scaling down the compensation.
9. It is seen from the records that the claimants are all residing in
Dharmapuri District and Ganesan (deceased) took treatment in St. John's
Medical College Hospital, Bangalore. He was hospitalised from
05.11.2004 to 27.11.2004. In the circumstances, awarding a sum of
Rs.25,000/- towards Transportation charges by the Tribunal cannot be
found fault with. The Tribunal has also considered all aspects of the case
and awarded just compensation and therefore I do not see any reason to
interfere with the same. Accordingly, the appeal is dismissed at the
admission stage itself.
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10. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(ii) The Award passed in M.C.O.P.1115/2014, dated 13.02.2023
by the Motor Accident Claims Tribunal, Chief Judicial Magistrate,
Dharmapuri, is upheld.
11.09.2024
Index : Yes/No
Speaking/Non-speaking order
vum
To
1.The Motor Accident Claims Tribunal,
Chief Judicial Magistrate,
Dharmapuri.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
R.HEMALATHA, J.
vum
https://www.mhc.tn.gov.in/judis
C.M.A.No.2507 of 2024 and
11.09.2024
https://www.mhc.tn.gov.in/judis
