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Madras High CourtCMA/2837/2013disposed of

Branch Managaer v. Perumal

2020-12-09Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2020

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.2837 of 2013 and M.P.Nos.1 of 2013 & 1 of 2014 (Through Video Conferencing) Branch Manager, M/s. National Insurance Co. Ltd., 7, Raja vethi, P.O. Box No.19, Gobichettipalayam.

... Appellant/III Respondent Vs.

1.Perumal 2.Kunjammal 3.Maragatham 4.Minor Sangeetha 5.Minor Divya (both minors are represented by Next Friend and Guardian Maragatham) ... 1 to 5 Respondents/Petitioners 6.M.Perumal 7.K.M.Muniappan ... 6 & 7th Respondents/1 & 2 Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.03.2012 made in M.C.O.P.No.672 of 2010 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) at Sathyamangalam.

For Appellant : Ms.R.Sree Vidhya For 2nd to 6th Respondents : No appearance

J U D G M E N T

The learned counsel for the appellant is present. There is no representation on behalf of the 2nd to 6th respondents. It appears that the tapal is not yet returned as to whether the notices on the 1st and the 7th respondents have been served or not. Since the appeal is of the year 2013 and no adverse orders are proposed to be passed against the contesting respondents/claimants who are the 1st to 5th respondents, this appeal is taken up for final hearing and is being disposed by this Judgment.

2. The Insurance Company is the appellant. It is aggrieved by the impugned Judgment and Decree dated 30.03.2012 passed by the Motor Accident Claims Tribunal (Subordinate Court), Satyamangalam in M.C.O.P.No.672 of 2010.

3. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.5,81,250/- as compensation together with interest at 7.5% per annum from the date of filing of the claim petition till the date of deposit and costs, to the 1st to 5th respondents / claimants who are the legal representatives of the deceased Eswaran.

4. The brief facts of the case are that on 30.03.2010 at about 3.00 p.m., while the deceased Eswaran along with one Arumugam was travelling after purchasing the goats on a Mini Auto bearing reference number T.N.36-X-1815 belonging to the 7th respondent insured with the appellant Insurance Company at Gopi main road, the 6th respondent drove the insured vehicle in a rash and negligent manner and hit against a tamarind tree, as a result of which, the deceased Eswaran and said Arumugam suffered grievous injuries and were admitted in the hospital. Unfortunately, the deceased Eswaran succumbed to the injuries and died at 10.20 p.m while getting treatment in the hospital.

5. Therefore, the 1st to 5th respondents who are the legal representatives of the deceased Eswaran filed a claim petition for compensation of Rs.15,48,800/-. After considering the evidence on record, the Tribunal has awarded the aforesaid compensation of Rs.5,81,250/- to the 1st to 5th respondents/claimants.

6. The appellant Insurance Company has questioned only the liability fixed by the Tribunal on it.

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

8. There is no dispute regarding the accident which took place on 30.03.2010 and the amount of compensation arrived by the Tribunal. The evidences also indicate that the deceased Eswaran died due to the accident while getting treatment in the hospital.

9. The deceased travelled inside the cabin of the insured vehicle as a representative of the goods. That being the case, I do not find any reasons to interfere with the impugned Judgment and Decree.

10. Though the Tribunal has directed the appellant Insurance Company and the 6th and 7th respondents to deposit the compensation jointly or severally, I am of the view that it is the appellant Insurance Company which is liable to pay the compensation to the 1st to 5th respondents as the appellant Insurance Company has contracted a contract of insurance to indemnify the 7th respondent against any liability that may be fastened against him under the Motor Vehicles Act, 1988.

11. It is submitted by the learned counsel for the appellant Insurance Company that the appellant Insurance Company has deposited 50% of the compensation pursuant to the direction of this Court vide order dated 22.08.2013 in M.P.No.1 of 2013 in C.M.A.No.2837 of 2013. If that be so, the appellant Insurance Company is directed to deposit the balance amount of compensation together with interest at 7.5% per annum from the date of claim petition till the date of deposit and costs awarded by the Tribunal, within a period of six weeks from the date of receipt of a copy of this Judgment.

12. At the same time, I give liberty to the appellant Insurance Company to recover the amount from the 7th respondent owner of the accident vehicle in accordance with the decision of the Hon'ble Supreme Court in Oriental Insurance Co. Ltd. Vs. Nanjappan and Others, (2004) 13 SCC 224 if it can establish that there was a violation of the policy conditions.

13. The 1st to 3rd respondents/1st to 3rd claimants are permitted to withdraw the compensation in same proportion as was awarded by the Tribunal together with interest and costs, less

any amount already withdrawn, by filing suitable applications before the Tribunal.

14. The 4th and 5th respondents/4th and 5th claimants were aged about at 13 & 9 years respectively at time of filing of the claim petition in the year 2010. Since they have attained the age of majority, they are permitted to file appropriate applications for recording the age of majority before the Tribunal to withdraw their share and interest awarded by the Tribunal.

15. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar jen To:- The Subordinate Judge, Motor Accidents Claims Tribunal, Sathyamangalam.

Copy To The Section Officer, V.R. Section, High Court, Madras - 104.

+1cc to Ms.R.Sree Vidhya, Advocate, S.R.No.40128 C.M.A.No.2837 of 2013 and M.P.Nos.1 of 2013 & 1 of 2014 CA(CO) RLP(02/09/2021)