The High Court dismissed the insurance company's appeal but allowed the vehicle owner's cross objection, confirming their joint and several liability to pay the assessed accident compensation.
Directs 2nd respondent and appellant to pay compensation as awarded by the Tribunal jointly and severally.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2019
CORAM:
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
CMA.No.3316 of 2009 and M.P.No.1 of 2009 and Cross Objection No.152 of 2010
In CMA No.3316 of 2009
The National Insurance Company Limited,
Branch Office-I, Thanthai Periyar Market Complex,
P.B.No.15, Salem, 636 001. ... Appellant
Vs.
1. Govindaraj
2. Bhoopathy Rajan
3. A.J.Mohan ... Respondents
In Cross Objection No.152 of 2010
A.J.Mohan ... Cross Objector
Vs.
1. The National Insurance Company Limited,
Branch Office-I, Thanthai Periyar Market Complex,
P.B.No.15, Salem, 636 001.
2. Govindaraj
3. Bhoopathy Rajan ... Respondents
Prayer in CMA No.3316 of 2009 This Civil
Miscellaneous Appeal has been filed under Section 173 of the
Motor Vehicles Act, 1988, against the orders dated 24.07.2009
passed in M.C.O.P.No.674 of 2005 by the Additional District
Judge/ Motor Accident Claims Tribunal, Fast Track Court-I,
Salem.
Prayer in Cross Objection No.152 of 2010 Cross Objection filed under Order XLI, Rule 22 of the Code of Civil Procedure, against the orders dated 24.07.2009 passed in M.C.O.P.No.674 of 2005 by the Additional District Judge/ Motor Accident Claims Tribunal, Fast Track Court-I, Salem.
In CMA No.3316 of 2009
For Appellant : Mr.J.Chandran For Respondents : Mr.K.Selvaraj (for R3) No appearance for R1 and R2
In Cross Objection No.152 of 2010
For Cross Objector : Mr.Sugirdha Selvaraj For Respondents : Mr.J.Chandran (for R1) No appearance for R2 and R3
COMMON JUDGMENT
The National Insurance Company Limited, Salem, the 3rd respondent in MCOP No.132 of 2005 on the file of the Additional District Judge/ Motor Accident Claims Tribunal, Fast Track Court-I, Salem, filed the present appeal under Section 173 of the Motor Vehicles Act, and the Mr.A.J.Mohan, the original owner of the offending vehicle filed the cross objection.
(i) The civil miscellaneous appeal in CMA 3316 of 2009 is dismissed. No costs. The connected miscellaneous petition is closed.
(ii) The cross objection No.152 of 2010 is allowed.
No costs.
(iii) The quantum of compensation awarded by the Tribunal is upheld.
(iv) The 2nd respondent (Bhoopathy Rajan) and the appellant, the National Insurance Company Limited are directed to pay compensation as awarded by the Tribunal and their liability is joint and several.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
+1 cc to Mr.K.Selvaraj, advocate,sr.81378.
rsv(co)
krd 24/9
CMA.No.3316 of 2009 and
M.P.No.1 of 2009
Cross Objection No.152 of 2010
2 issues framed by the court
Whether the cross objection filed by the vehicle owner regarding transfer of ownership prior to the accident should be allowed.
Whether the appellant National Insurance Company Limited and Bhoopathy Rajan are liable to pay compensation as joint and several parties.
3 provisions across 2 enactments
The National Insurance Company Limited
Govindaraj
Mr.K.Selvaraj
R.Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
