Cholamandalam Ms General Insurance Co Ltd v. Varalakshmi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.1747 of 2020 and C.M.P.No.12838 of 2020 (Through Video Conferencing) Cholamandalam MS General Insurance Co. Ltd., Represented by its Branch Manager, Sun Srine Plaza, Ramalingapuram, Nellore, Andhra Pradesh.
... Appellant/Respondent Vs.
1.Varalakshmi 2.Minor Sravani 3.Minor Sai Supriya 4.Minor Somasekar 5.Munemma 6.Munusamy .... 1-6 Respondents/Petitioners 7.D.P.Raghavan ... Respondent/Respondents (Minors R2 to R4 are rep. by their N.F/Guardian Mother 1st respondent.) Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 20.02.2020 in M.C.O.P.No.480 of 2018 on the file of the Motor Accident Claims Tribunal (Special District Judge), at Krishnagiri.
For Appellant : M/s.R.Sree Vidhya For R1, R5 & R6: Mr.M.Sivakumar For R7 : No appearance
J U D G M E N T
Notice has been served on the contesting respondent, namely the seventh respondent. There is no representation on behalf of the seventh respondent though he has filed vakalat through M/s.Abrav M.D.Abdullah, S.Saravana Kumar and C.Gunasekar.
2. In this Civil Miscellaneous Appeal, the appellant Insurance Company only sought for ordering to pay and recover in the light of the fact that the insured vehicle was not having a valid permit at the time of the accident and since the permit was renewed on payment of penalty after expiry of one month.
3. I have heard the learned counsel for the appellant. I have perused the evidence on record and the impugned Judgment and Decree passed by the Tribunal.
4. Since there is no dispute that the insured vehicle was not having fitness certificate at the time of the accident, this is a fit case for ordering the appellant Insurance Company to pay the compensation to the first to sixth respondents/claimants and recover the same from the owner of the insured vehicle. Under these circumstances, the impugned Judgment and Decree is modified by permitting the appellant Insurance Company to pay the compensation to the first to sixth respondents and recover the same from the owner of the insured vehicle, namely the seventh respondent.
5. The appellant Insurance Company shall deposit the compensation of Rs.19,19,400/- together with interest at 7.5% per annum from the date of claim petition till the date of deposit and costs in payment method ordered by the Tribunal, less any amount already deposited, within a period of eight weeks from the date of receipt of a copy of this Judgment and recover the same from the seventh respondent in accordance with law.
6. On such deposit, the first, fifth and sixth respondents are permitted to withdraw their shares in the same proportion awarded by the Tribunal, less any amount already withdrawn, by filing suitable applications before the Tribunal.
7. Since the second to fourth respondents are minors, their share shall be deposited in any one of the Nationalised Bank under reinvestment scheme till they attain the age of majority. The first respondent, who is the guardian of the minors, is permitted to withdraw the accrued interest from the minor's deposit once in three months directly from the said Bank. On attaining majority, the second to fourth respondents are to be
permitted to withdraw their share, by filing suitable application before the Tribunal.
8. Accordingly, this Civil Miscellaneous Appeal stands disposed of. No cost. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar jen To 1.The Motor Accident Claims Tribunal, (Special District Judge), Krishnagiri.
2.The Section Officer, V.R.Section, Madras High Court.
+1cc to Mr.R.Sreevidhya, Advocate, S.R.No.25182 +1cc to Mr.M.Sivakumar, Advocate, S.R.No.25112 C.M.A.No.1747 of 2020 and C.M.P.No.12838 of 2020 PP(CO) GN(23/09/2021)