Madras High Court
The New India Assurance Co. Ltd vs K.Subramani ... 1St on 25 January, 2019
Author: V.M.Velumani
Bench: V.M.Velumani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.Nos.517, 521, 523, 526 & 529 of 2019
and
C.M.P.Nos.1781, 1785, 1786, 1789 & 1792 of 2019
The New India Assurance Co. Ltd.,
Premier Complex,
Sarada College Main Road,
5 Road, Salem. ... Appellant in all CMAs
Vs.
K.Subramani ... 1st Respondent in CMA No.517 of 2019
T.Mani ... 1st Respondent in CMA No.521 of 2019
K.Venkatachalam ... 1st Respondent in CMA No.523 of 2019
K.K.Kumar ... 1st Respondent in CMA No.526 of 2019
V.Govindan ... 1st Respondent in CMA No.529 of 2019
2.Sivalingam ... 2nd Respondent in all CMAs
Common Prayer: These Civil Miscellaneous Appeals are filed under
Section 173 of Motor Vehicles Act, 1988, against the Judgment and
decree made in M.C.O.P.Nos.414, 396, 415, 416 & 395 of 2008 on the
file of the Motor Accidents Claims Tribunal (Additional Subordinate
Judge) at Salem dated 12.04.2012.
For Appellant : Mr.M.Krishnamoorthy
in all CMAs
http://www.judis.nic.in
2
COMMON JUDGMENT
These Civil Miscellaneous Appeals have been filed by the appellant-Insurance Company, challenging the Judgment and decree made in M.C.O.P.Nos.414, 396, 415, 416 & 395 of 2008 on the file of the Motor Accidents Claims Tribunal (I Additional Subordinate Judge) at Salem dated 12.04.2012.
2.Heard the learned counsel appearing for the appellant and perused the materials available on record.
3.The appellant-Insurance Company is 2nd respondent in M.C.O.P.Nos.414, 396, 415, 416 & 395 of 2008 on the file of the Motor Accident Claims Tribunal, (I Additional Subordinate Judge) at Salem. The 1st respondent in all the CMAs filed the said claim petitions, claiming various amounts as compensation for the injuries sustained by them in the accident that took place on 07.07.2007. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the auto belonging to the 2nd respondent and directed the appellant- Insurance Company to pay various amounts as compensation to the first respondent in all the CMAs at the first instance and recover the same http://www.judis.nic.in 3 from the second respondent since the 2nd respondent has violated the policy conditions by allowing the persons to travel in the goods vehicle. Challenging the said award dated 12.04.2012, made in M.C.O.P.Nos.414, 396, 415, 416 & 395 of 2008, granting compensation to the first respondent in all the CMAs, the appellant-Insurance Company has come out with the present appeals.
4.The contentions of the learned counsel appearing for the appellant-Insurance Company that the Tribunal ought to have completely exonerated the appellant-Insurance Company and fastened the liability only on the owner of the load auto since he has violated the policy condition by allowing the persons to travel in the goods vehicle and the amounts awarded by the Tribunal under different heads are excessive, are contrary to the materials available on record. The Tribunal, considering Ex.P1-FIR which was registered against the driver of the auto held that the accident occurred only due to rash and negligent driving by the driver of the auto. Considering the fact that the 1st respondents in all the appeals traelled in the auto as unauthorised passengers since the same is a goods carriage vehicle and considering various judgments of this Court, ordered for pay and recovery. There is no error in the said finding of the Tribunal warranting interference by http://www.judis.nic.in 4 this Court. As far as quantum of compensation is concerned, the Tribunal, considering the oral and documentary evidence has awarded various amounts as compensation, which is not excessive. There is no reason to interfere with the said award of interference by this Court.
5. In the result, all these Civil Miscellaneous Appeals are dismissed and the amounts awarded by the Tribunal as compensation to the first respondents/claimants, along with interest and costs is confirmed. The appellant/Insurance Company is directed to deposit the award amounts with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.Nos.414, 396, 415, 416 & 395 of 2008. On such deposit, the 1st respondents/claimants are permitted to withdraw their respective award amounts, along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary applications before the Tribunal. No costs. Consequently, connected Miscellaneous Petitions are closed.
25.01.2019 Index : Yes / No Speaking Order: Yes/No rgr/mtl http://www.judis.nic.in 5 V.M.VELUMANI, J., rgr/mtl To
1.The I Additional Subordinate Judge, (Motor Accident Claims Tribunal), Salem.
2.The Section Officer, VR Section, High Court, Madras.
C.M.A.Nos.517, 521,523, 526 & 529 of 2019 25.01.2019 http://www.judis.nic.in