K.Ramathal v. Iliyas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.1275 of 2011 and M.P.No.1 of 2011 (Through Video Conferencing) 1.K.Ramathal 2.Sujatha devi 3.Suseela 4.Kavitha 5.Sangeetha 6.Banupriya ... Appellants/Petitioners Vs.

1.Iliyas 2.Bajaj Allianz General Insurance Co. Ltd., G.E.Plaza, Airport Road, Yerawada, Pune 411 006.

3.Aruchamy 4.The New India Assurance Company, 82,Dr.Thirumalai Plaza, 1st Floor New Dharapuram Road, Palani.

... Respondents/Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award passed by the Motor Accident Claims Tribunal, (Sub Court), Pollachi in M.C.O.P.No.68 of 2007 dated 14.07.2009.

For Appellants : M/s.L.Mouli For R1 & R3 : No Appearance For R2 : Mr.S.Arunkumar For R4 : Mr.G.Udaya Sankar

J U D G M E N T

The appellants were the claimants. They are aggrieved by the impugned Judgment and Decree dated 14.07.2009 passed by the learned Motor Accident Claims Tribunal, (Sub Court), Pollachi in M.C.O.P.No.68 of 2007.

2. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.5,82,600/- together with interest at 7.5% from the date of filing of the claim petition till the date of deposit to the appellants/claimants/appellants. Aggrieved by the same, the appellants have filed the present Civil Miscellaneous Appeal for enhancement of compensation.

3. By the impugned order, the Tribunal has absolved the 2nd respondent - Insurance Company that the driver of the insured vehicle did not possess a valid driving licence. In this connection, the appellants have also filed M.P.No.1 of 2011 to receive the additional evidence viz., driving licence of the driver. It is submitted that the driving licence had already expired on the date of accident.

4. I have considered the arguments advanced by the learned counsel for the appellant Insurance Company. I have also perused evidence on record and the impugned Judgment and Decree passed by the Tribunal.

5. The Judgment of the Tribunal proceeds on the assumption that the appellant Insurance Company had to produce proof that the driver of the insured vehicle did not possess a valid driving licence before ordering to pay and recover from the owner of the vehicle. However, Ex.P1 Motor Vehicle Inspector's report indicates that the driver of the insured vehicle had driven the insured vehicle without valid licence. Failure to possess a valid licence is a violation of policy condition.

6. The 2nd respondent - Insurance Company is therefore directed to pay the compensation to the appellants and recover the amount from the 1st respondent - owner of the insured vehicle without filing any separate application as per the decision of the Hon'ble Supreme Court in Oriental Insurance Co. Ltd. Vs. Nanjappan and Others, (2004) 13 SCC 224.

7. The 2nd respondent Insurance Company is directed to deposit the award amount together with interest at 7.5% from the date of the claim petition till the date of deposit and the cost, less any amount already deposited, within a period of six weeks from the date of receipt of a copy of this Judgment.

8. On such deposit, the appellants/claimants are permitted to withdraw their respective shares together with interest accrued thereon, less any amount already withdrawn, by filing suitable applications before the Tribunal.

9. The appellant-Insurance Company may proceed to recover the aforesaid amount of compensation from the 1st respondent owner of the insured vehicle as per the above decision of the Hon'ble Supreme Court.

10. This Civil Miscellaneous Appeal is disposed of with the above observations. No cost. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kkd To The Subordinate Judge, Motor Accidents Claims Tribunal, Pollachi Copy to The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.G.Udayasankar, Advocate Sr.41360 +1cc to Mr.L.Mouli, Advocate Sr.41367 +1cc to Mr.S.Arunkumar, Advocate Sr.41397 C.M.A.No.1275 of 2011 and M.P.No.1 of 2011 sr[co] srg 25/08/2021