← Library
Madras High CourtCMA/869/2011dismissed

M/S.Icici Lombard General v. Kuppusamy,

2020-07-08Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.869 of 2011 and M.P.No.1 of 2011 (Through Video Conferencing) M/s.ICICI Lombard General Insurance Company Limited ICICI Bank Towers, Bandra-Kurla Complex, Mumbai 400 051.

.. Appellant/Respondent2 vs 1.Kuppusamy .. Respondent1/Petitioner 2.K.Selvaraj (R2 set exparte in lower Court) .. Respondent2/Respondent1 Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 27.08.2010 made in M.C.O.P.No.199 of 2010, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Erode.

For Appellant : M/s.R.Sreevidhya R1 : Notice Not Ready R2 : Exparte

J U D G M E N T

Heard the learned counsel for the appellant. Though this appeal is of the year 2011 and the claim petition pertains to the year 2010, the appellant has not served notice to the 1st respondent (contesting respondent) till date. The 2nd respondent has remained exparte in lower court. Since no adverse order is proposed to be passed against the respondents, this Civil Miscellaneous Appeal is taken up for final disposal.

2. This Civil Miscellaneous Petition has been filed against the impugned Judgment and Decree dated 27.08.2010 passed by the

Motor Accident Claims Tribunal (Chief Judicial Magistrate), Erode, in M.C.O.P.No.199 of 2010.

3. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.78,500/- together with interest at 7.5% per annum from 27.07.2007 to 17.06.2008, 03.07.2009 to 14.09.2009 and from 03.02.2010 till the date of deposit, to the 1st respondent. Aggrieved by the same, the appellant Insurance Company has filed the present Civil Miscellaneous Appeal.

4. On 23.06.2007 at about 10.45 a.m, the 1st respondent was riding moped along with his wife as pillion rider. At the time, a Mini door Auto bearing registration number TN 33 AX 9444 hit the moped, as a result of which, the 1st respondent had suffered injury. Based on the above, the 1st respondent had filed the claim petition for a compensation of Rs.2,00,000/-. In the said claim petition, the Tribunal has awarded the compensation of amount of Rs.78,500/- to the 1st respondent/claimant, under the following heads:- Permanent Disability Rs.50,000/- Pain and Sufferings Rs.15,000/- Nourishment Rs.08,000/- Transport Rs.03,000/- Loss of Income Rs.02,500/- Total Rs.78,500/-

5. In this appeal, the main ground on which the award is contested is that the Tribunal erred in coming to an erroneous conclusion that the accident was due to the negligence in absence of any proper evidence to corroborate that the accident had taken place with Mini door Auto insured with appellant. It is further submitted that the 1st and 2nd respondents had colluded each and other and therefore the Tribunal erred in awarding the aforesaid compensation. He further submits that the PW-2 had not treated the 1st respondent and therefore, the determination of injury by the Tribunal was also incorrect. Finally, he submits that the amount awarded as compensation is question above based on the alleged income earning of the 1st respondent/claimant.

6. Considering the fact that the appellant has not served the notice to the contesting 1st respondent and considering the fact that the impugned award of the Tribunal is well reasoned, I am inclined to dismiss the present Civil Miscellaneous Appeal.

7. The appellant Insurance Company is therefore directed to deposit the balance amount of compensation and cost if any, together with interest at 7.5% per annum for the period as was

ordered in the impugned Judgment and Decree, within a period of six weeks from the date of receipt of a copy of this Judgment.

8. On such deposit being made by the appellant Insurance Company, the 1st respondent is permitted to withdraw the same together with interest as was ordered in the impugned Judgment and Decree by filing suitable application before the Tribunal.

9. Accordingly, the present Civil Miscellaneous Appeal stands dismissed. No cost. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jen To:

The Chief Judicial Magistrate, The Motor Accident Claims Tribunal Erode.

Copy To The Section Officer, V.R.Section, High Court Madras 104 C.M.A.No.869 of 2011 and M.P.No.1 of 2011 EV(CO) RMP(19/12/2020)