Dismissed

The New India Assurance v. M.Velumani

Madras HC17 Oct 2014CMA/3726/2008

Case brief

AI extract

What is this about?

The High Court dismissed insurance company appeals against a Motor Accidents Claims Tribunal award. The Court held there was no reason to interfere with the Tribunal's finding on compensation quantum in fatal accident claims and directed deposit of the awarded amounts.

What did the court decide?

Disallowed the appeals. Directed the insurer to deposit the entire award amount including interest.

The New India Assurance Vs M.Velumani — Motor Accident Claims | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.10.2014 CORAM THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN C.M.A. Nos. 3726 & 3727 of 2008 & M.P. Nos. 1 & 1 of 2008

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C.M.A. No. 3726 of 2008

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New India Assurance Company Ltd., 498-A, Avinasi Road, Near Nava India, Peelamedu, Coimbatore Post, Coimbatore District. ..Appellant in both CMAs/ Second Respondent Vs. 1. M. Velumani 2. Minor M. Vinothkumar rep. By his mother and next friend Velumani 3. V. Ponnammal ...Respondents/Petitioners 4. A. Abbas ..Respondent/First Respondent Prayer: Civil Miscellaneous Appeal as against the judgment and decree dated 14.06.2006 passed by the Motor Accidents Claims Tribunal (Addl. District and Sessions Judge, Fast Track Court No.3), Dharapuram in MACT O.P. No. 438 of 2005. For Appellant :: Mr.J. Chandran For Respondents:: Mr.Ma.P. Thangavel for R1 to R3 Notice to R4 d/w

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C.M.A. No. 3727 of 2008 New India Assurance Company Ltd., 498-A, Avinasi Road, Near Nava India, Peelamedu, Coimbatore Post, Coimbatore District.

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..Appellant/Second Respondent

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Vs.
1. K. Lakshmi
2. T. Sivagami ..Respondents/Petitioners
3. A. Abbas ..Respondent/First Respondent

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Prayer: Civil Miscellaneous Appeal as against the judgment and decree dated 14.06.2006 passed by the Motor Accidents Claims Tribunal (Addl. District and Sessions Judge, Fast Track Court No.3), Dharapuram in MACT O.P. No. 455 of 2005.

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https://hcservices.ecourts.gov.in/hcservices/

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For Appellant :: Mr.J. Chandran For Respondents:: Mr.Ma.P. Thangavel for R1 & R2 Notice d/w for R3

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COMMON JUDGMENT

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These Civil Miscellaneous Appeals are directed against the judgment and decree dated 14.06.2006 passed in MACT O.P. Nos. 438 & 455 of 2005 respectively by the Motor Accidents Claims Tribunal, (Addl. District and Sessions Judge, Fast Track Court No.3), Dharapuram.

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The issues raised by the Insurance Company are that the quantum of compensation awarded by the Tribunal is on the higher side and that they are not liable to pay the compensation awarded.

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The respective claim petitions were filed by the legal representatives of the deceased, namely, Muthusamy and Moorthy, who were the driver and cleaner of the lorry, involved in the accident, that took place on 30.06.2002, at about 10.30p.m., near Vellaikovil-Karur Main Road. Though a sum of Rs.9 lakhs was claimed as compensation in M.C.O.P. No. 438 of 2005 and a sum of Rs.7 lakhs was claimed as compensation in M.C.O.P. No. 455 of 2005, the Tribunal, after analysing the evidence on record, awarded Rs.4,03,320/- and Rs.3,50,000/- in the respective claim petitions, together with interest @ 7.5% per annum, from the date of petitions till the date of realisation and directed the Insurance Company to pay the said amount to the respective claimants and thereafter, recover the same from the owner of the lorry.

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When the Tribunal, after considering the materials on record, has come to the conclusion that compensation has got to be awarded to the claimants and when pay and recovery has also been ordered, protecting the interest of the Insurance Company, this Court finds that there is no reason to interfere with the finding of the Tribunal, more particularly, taking note of the fact that the accident in question is a fatal accident and the same had taken place as early as in the year 2002. Hence, the appeals are dismissed. No costs. Connected M.Ps are closed.

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The appellant Insurance Company is directed to deposit the entire award amount, in respect of each of the above said claim petitions, together with interest, if not already deposited, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made or

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https://hcservices.ecourts.gov.in/hcservices/

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if any amount lying to the credit of the above said claim petitions before the Tribunal, it is open to the respective claimants to make necessary application to withdraw the same.

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-s/d-
Assistant Registrar
True Copy
Sub-Assitant Registrar
nv
To
1.The MACT (Addl. Dist. &
Sessions Court), Dharapuram.
2.The Section Officer
VR Section High court Madras
+2 ccs to Mr.J.Chandran Advocate sr 49947 7 49948
+2 ccs to Mr.Ma.P.Thangavel Advocate sr 49919 & 49920
C.M.A. Nos. 3726 & 3727 of 2008
ggk(co)
aa02/11/2016

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https://hcservices.ecourts.gov.in/hcservices/

The New India Assurance v. M.Velumani

Case brief

What is this about?

What did the court decide?

The New India Assurance v. M.Velumani

Case brief

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What did the court decide?

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