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Madras High CourtCMA/3525/2011disposed of

National Insurance Co Ltd v. A.Sagunthala

2020-12-21Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.3525 of 2011 and M.P.No.1 of 2011 (Through Video Conferencing) National Insurance Company Limited, Represented by its Branch Manager, Karur.

...Appellant/3rd Respondent Vs.

1.A.Sagunthala 2.Selvi 3.Raja ... Respondents 1 to 3 /Claimants 4.Maheshkumar 5.R.Rajamani ... Respondents 4 & 5 / Respondents 1 & 2 Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree passed in M.A.C.T.O.P.No.1380 of 2007 dated 27.12.2010 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court No.4, Coimbatore at Tiruppur.

For Appellant : M/s.N.B.Surekha For 1st to 3rd Respondents : Mr.Ma.P.Thangavel

J U D G M E N T

Insurance Company is the appellant in this Civil Miscellaneous Appeal. It is aggrieved by the impugned Judgment and Decree dated 27.12.2010 passed by the Motor Accident Claims Tribunal / Fast Track Court No.4 (Additional District Court) at Tiruppur in M.C.O.P.No.1380 of 2007.

2. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.3,87,000/- as compensation to the 1st to 3rd

respondents together with at 75% per annum from the date of filing of the claim petition till the date of deposit. The are the wife and the children of the deceased C.Aruchamy.

3. The brief facts of the case are that on 08.08.2007 at about 13.00 hours on the N.H.47 Road, Mondinathampalayam Junction, when the deceased C.Aruchamy was going in a vehicle bearing registration number TN-38-Y-0989, a motorcycle bearing registration number TN-47-D-8197 belonging to the 5th respondent insured with the appellant Insurance Company was driven by the 4th respondent in a rash and negligent manner and dashed against the deceased C.Aruchamy, as a result of which, the deceased C.Aruchamy sustained grievous injuries and was taken to the Hospital. Unfortunately, the said C.Aruchamy died in the hospital.

4. Therefore, the 1st to 3rd respondents who were the dependents of the deceased C.Aruchamy filed a claim petition for compensation. After considering the evidence on record, the Tribunal has awarded the aforesaid compensation of Rs.3,87,000/- to the 1st to 3rd respondents payable by the 4th and 5th respondents and the appellant Insurance Company jointly or severally. Aggrieved by the same, the appellant Insurance Company has filed this Civil Miscellaneous Appeal to assail the impugned Judgment and Decree.

5. In this appeal, the appellant Insurance Company has questioned the liability fastened on it on the ground that on the date of the accident, the 4th respondent the driver of the motorcycle did not possess the requisite license. In this connection, a reference was invited to Exs.B1 to B3 filed by the appellant before the Tribunal.

6. I have considered the arguments advanced by the learned counsel for the appellant Insurance Company and the learned counsel for the 1st to 3rd respondents. I have perused the impugned Judgment and Decree passed by the Tribunal.

7. The 4th and the 5th respondents are the driver and the owner of the insured vehicle respectively. They have chosen to remain exparte. Since the 4th respondent driver of the insured vehicle did not possess the valid license at the time of the accident, there was a violation of policy conditions and therefore, there is no harm in ordering the appellant Insurance Company to pay the compensation and recover the same from the 5th respondent owner of the insured vehicle.

8. Therefore, appellant Insurance Company is directed to deposit the compensation of Rs.3,87,000/- together with interest at 7.5% per annum from the date of claim petition till the date

of deposit and proportionate costs as was awarded by Tribunal, less any amount already deposited, within a period of six weeks from the date of receipt of a copy of this Judgment and recover the same from 5th respondent in accordance with law as per the decision of the Hon'ble Supreme Court in Oriental Insurance Co. Ltd. Vs. Nanjappan and Others, (2004) 13 SCC 224.

9. On such deposit, the 1st to 3rd respondents are permitted to withdraw the same in the same proportion awarded by the Tribunal together with interest thereon and proportionate costs, less any amount already withdrawn, by filing suitable applications before the Tribunal.

10. Accordingly, this Civil Miscellaneous Appeal is disposed of. No cost. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jen To Additional District Judge, Fast Track Court No.4, Motor Accidents Claims Tribunal, Tiruppur, Coimbatore.

Copy to:

The Section Officer, VR Section, High Court, Madras - 104 +1CC to M/s.Ma.P.Thangavel, Advocate,Sr.No.43109 +1CC to M/s.N.B.Surekha, Advocate, Sr.No.42784 C.M.A.No.3525 of 2011 and M.P.No.1 of 2011 SV (CO) K.RK. (31.08.2021)