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Madras High CourtCMA/170/2011disposed of

National Insurance Co Ltd v. Harish (Minor)

2019-03-04Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN C.M.A.No.170 of 2011 and M.P.No.1 of 2011 1.National Insurance Co. Ltd., 29, Bullah Avenue, Shenoy Nagar, Madras - 600 030. ...Appellant/2nd Respondent Vs.

1.Harish (Minor) (rep. by next friend and father Manoharan) ..1st respondent/ Petitioner 2.M.Sanjeevi Naganathan ... 2nd Respondent/1st respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 21.03.2006, in M.C.O.P.No. 277 of 1997, on the file of the Motor Accidents Claims Tribunal, (SubordinateJudge, at Dharmapuri.

For Appellant : Mr.S.Arunkumar For Respondents : No appearance for R1 R2 - exparte

JUDGMENT

This Civil Miscellaneous Appeal is filed by the National Insurance Company Limited, challenging, the Judgment and decree passed in M.C.O.P.No. 277 of 1997 on the file of the Motor Accidents Claims Tribunal, (Subordinate Court), at Dharmapuri.

2. The brief case of the first respondent/claimant is as follows:

On 05.02.1996, at about 01.30 am, the first respondent/ claimant and his family members were travelling in a car bearing Registration No. TN 01 F 3018, belonging to the second respondent herein and insured with the present appellant. When the said car was reaching near Muniappan Koil, the front side going lorry applied sudden brakes, as a result of which, the car dashed against the lorry. Due to the accident, the said car was fully collapsed and the first respondent/claimant and his family members sustained grievous injuries.

The first respondent/claimant's right leg was fractured. He was

immediately taken to Sri Gokulam Hospital, Salem and was admitted as an inpatient and an operation was performed in his right leg. He has taken continuous treatment for one month in the said hospital.

3. According to the first respondent/claimant, the rash and negligent driving of the driver of the car bearing Registration No. TN 01 F 3018, was the cause of the accident, and that, since, the said car was insured with the present appellant, both the owner of the said car and the present appellant, are jointly and severally liable to pay compensation of Rs.3,00,000/- to him.

4. The learned Tribunal, after analysing the evidence on record, awarded a compensation of Rs.1,75,740/- together with interest at the rate of 7.5% per annum to the first respondent/claimant. Aggrieved over the orders passes by the Tribunal, the United India Insurance Company have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.

5. The learned counsel appearing for the appellant has submitted that, in respect of the claim petition arising out of the very same accident, the very same Insurance Company, who is the appellant herein has deposited the amount and the same is withdrawn by the claimant in M.C.O.P.No. 199 of 1997, dated 30.09.2011, on the file of the Motor Accidents Claims Tribunal, Dharmapuri.

6. The learned counsel who appeared for the first respondent/claimant, during previous hearings, has asked further time for getting instruction, on that particular point. Since, sufficient time has already been granted to verify the same, and since, the appellant/Insurance Company has accepted the liability and honoured the award in respect of the claim petition in M.C.O.P.No.199 of 1997, dated 30.09.2011, on the file of the Motor Accidents Claims Tribunal, Dharmapuri, this court is of the considered view that, the question of liability need not be gone into, at this juncture.

7. Quantum of Compensation: The Tribunal after taking into consideration various aspects, has awarded a just and reasonable compensation to the first respondent/claimant and the same is hereby confirmed.

8. In the result, (i) The Civil Miscellaneous Appeal is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

(ii) The orders passed by the Tribunal is upheld. (iii) The Tribunal has ordered only 'pay and recovery' and therefore, it is open to the National Insurance Company Limited to execute the order as stated in the decree of the court below.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mbi To The Motor Accidents Claims Tribunal, The Subordinate Court, Dharmapuri.

C.M.A.No.170 of 2011 and M.P.No.1 of 2011 A.SK(17/07/2019)