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Madras High CourtCRP(MD)/2189/2012disposed of

K.J.Navaneethan v. Maruthamuthu

2019-08-07Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and M.P(MD)No.1 of 2012 K.J.Navaneethan .. Petitioner / 1st Respondent Vs.

1.Maruthamuthu .. 1st Respondent / Claimant 2.The Regional Manager, The New India Insurance Company Ltd., 85P, Market Road, Thanjavur.

.. 2nd Respondent / 2nd Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India against the award, dated 18.05.2010, passed in M.C.O.P.No.702 of 2007 by the Motor Accident Claims Tribunal / (Additional District Judge) FTC, Thanjavur.

For petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondent No.1: Mr.M.Karunanithi For Respondent No.2: Mr.J.S.Murali

ORDER

It is a case of injury. The manner of the accident is not in dispute. The Tribunal has awarded a sum of Rs.2,200/- towards medical expenses, Rs.2,000/- towards pain and sufferings, Rs.1,000/- towards transport expenses and Rs.3,000/- towards nutrition, totally Rs.8,200/- as compensation. The Tribunal has directed the appellant to pay the entire compensation amount with 7.5% interest per annum from the date of petition till the date of realization. The appellant has filed this appeal questioning the liability on the ground that though the driver of the appellant has valid driving license at the time of accident and the 1/3

offending vehicle was insured with the 2nd respondent / Insurance Company, the Tribunal has erroneously fastened liability on the appellant to pay compensation.

2.Heard the learned counsel appearing for the parties and perused the records carefully.

3.Today when the matter is taken up for hearing, the learned counsel appearing for the appellant as well as the second respondent would bring to the notice of this Court that the appellant has also filed C.M.A(MD)No.1328 of 2012 against the award passed in M.C.O.P.No.771 of 2007 by the Motor Accident Claims Tribunal cum Additional District Court / Fast Track Court No.I, Thanjavur and the same was disposed of by this Court vide Judgment dated 18.06.2018. The claimant in the present civil revision petition is the victim in the same accident. Therefore, the issue involved in this revision is also covered by the Judgment of this Court in C.M.A(MD)No.1328 of 2012, dated 18.06.2018, wherein this Court has held as follows: "... 6.

In my considered opinion, though there was an attempt by the 2nd respondent to state that if there was a driving licence, it could have been produced at the time of evidence earlier and the licence produced now might have been a created one, such an assumption cannot be accepted by this Court and in the light of the evidence of RW1, RW2 and the driving licence marked as Ex.R1, this Court is of the opinion that at the time of accident, the offending vehicle Mini Bus belonged to the appellant was driven by a driver/RW2 with valid driving licence and therefore, there was no violation of policy conditions and that the insurance policy was in force on the date of accident.

7.Hence, the 2nd respondent is directed to deposit the entire award amount with interest as awarded by the Tribunal within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit, the 1st respondent/claimant is permitted to withdraw the same without filing formal application before the Tribunal. Accordingly, this Civil Miscellaneous Appeal is allowed".

4.Following the above Judgment, this civil revision petition is also allowed and the 2nd respondent is directed to deposit the entire award amount with interest as awarded by the Tribunal within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the 1st respondent / claimant is permitted to withdraw the same without filing formal application 2/3

before the Tribunal.

No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Additional District Judge, Motor Accident Claims Tribunal / Fast Track Court, Thanjavur.

2.The Record Keeper,-2 COPIES V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.S.MURALI, Advocate ( SR-80485[F] dated 08/08/2019 ) +1 CC to M/s.M.KARTHIKEYA VENKITACHALAPATHY, Advocate ( SR-80476 [F] dated 08/08/2019 ) SMN ORDER MADE IN 07.08.2019 KM/(05.09.2019) 3P 6C 3/3