Colbert v. R.Selvam

CMP NO. 8164 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMP NO. 8164 of 2023 in CMA.No.3483 of 2011 COLBERT S/o.Sivalingam, No.8, ESI Quarters, Gorimedu, Pondicherry, presently residing at No.80, 4th Cross Street, 2nd Main Road, Dr.M.G.R.Nagar, Mulikulam, Puducherry Appellant(s) Vs R.Selvam S/o.Ramasamy, Kotamariamman Koil Street, Dharmpuram Road, Tirupur, Coimbatore District presently at No.6, Sikana Chettiyar School Street, Uthukuli Road, Tiruppur 7 and another Respondent(s) For Appellant(s):

MR.K. SASINDRAN FOR M/S.Achari and Antony Associates For Respondent(s):

Mr.C.R.Krishnamoorthy For R2 R1 - No Residence

ORDER

The learned counsel for the appellant prays for a modification of paragraph No.10 of the judgment dated 28.01.2019, passed in CMA.No.3483 of 2011.

2. Heard Mr.K. Sasindran, for M/S.Achari and Antony Associates,

learned counsel for the appellant, and Mr. C.R.Krishnamoorthy, learned counsel appearing for the second respondent, and perused the materials available on record.

3. The learned counsel for the appellant pointed out that in paragraph no.8 of the Judgement dated 28.01.2019, this Court had held that both the owner and the insurance company are jointly and severally liable to pay compensation to the appellant / claimant. However, in the concluding portion i.e., paragraph No.10, the Court has mistakenly directed the owner alone to deposit the entire compensation amount, without taking in to account the joint liability of the insurance company. Therefore, he seeks a modification of the said paragraph.

4. The learned counsel for respondent raised an objection to the said prayer.

5. However, on a perusal of paragraph No.8, it is evident that this Court has already concluded that both the owner and the insurance company are jointly and severally liable to pay compensation. Hence, paragraph No.10 is directed to be modified accordingly. Both the owner and the insurance company are jointly and severally liable to pay the compensation

amount, which shall be deposited within a period of eight weeks from the date of receipt of a copy of this order.

11.07.2025 rri Copy to:

1.The Motor Accidents Claims Tribunal, II Additional District Court, Puducherry.

2.The Section Officer, VR Section, High Court of Madras, Chennai. T.V.THAMILSELVI, J.

rri CMP NO. 8164 of 2023 in CMA.No.3483 of 2011 11.07.2025