SEKAR REPORTER

Court News from Madras High Court

C.M.A.No. 3817 of 2011 and M.P.No.1 of 2011 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.2.2021 CORAM: THE HON’BLE Mr. JUSTICE D.KRISHNAKUMAR Civil Miscellaneous Appeal No.3817 of 2011 and M.P.No.1 of 2011 The Branch Manager, New India Assurance Co. Ltd.,—-In the result, the appeal stand allowed only in respect of the liability fastened by the tribunal against the appellant/Insurance Company to pay compensation. The quantum of compensation awarded by the tribunal is confirmed. There will be an award only against the owner of the vehicle viz., respondent No.6 and the award against the appellant/Insurance Company will stand set aside. It is made clear that the respondent/claimant is entitled to recover compensation from the owner of the vehicle, respondent No.6 herein. No costs. Connected miscellaneous petition is closed.

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[2/18, 14:46] Sekarreporter1: C.M.A.No. 3817 of 2011 and M.P.No.1 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.2.2021
CORAM:
THE HON’BLE Mr. JUSTICE D.KRISHNAKUMAR
Civil Miscellaneous Appeal No.3817 of 2011
and M.P.No.1 of 2011
The Branch Manager,
New India Assurance Co. Ltd.,
163, M.G.Puram, Perambalur 621 212 … Respondent No.2/Appellant
..Vs..
1. Chinnapillai (died)
2. Dhanam
3. Minor Akilaa
4. Minor Kalaivani
5. Minor Saranya
(Minor petitioners 3 to 5 represented
by their next friend mother 2
nd petitioner
6. S.Azhagappan … Respondent No.1/Respondent 6
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the
Judgement and decree dated 31.5.2011 made in M.C.O.P.No.335 of 2006 on the
file of Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Perambalur.
For Appellant : Mr.K.Mohan
For Respondent No.2 to 5 : Mr.A.Jenasenan
For Respondent No.6 : Notice unserved
*****
1/12
[2/18, 14:46] Sekarreporter1: C.M.A.No. 3817 of 2011 and M.P.No.1 of 2011
15. Coming to the present case on hand, the deceased travelled in
mudguard of the Tractor, cannot be used for carrying passengers as transport
vehicle. Therefore, owner of the vehicle, respondent No.6 herein is liable to pay
compensation to the respondents/claimants.
16. In view of the dictum laid down by the Hon’ble Supreme Court
and taking note of the judgments of this Court, the question involved in the
present appeal is answered in favour of the appellant/Insurance Company.
17 In the result, the appeal stand allowed only in respect of the
liability fastened by the tribunal against the appellant/Insurance Company to pay
compensation. The quantum of compensation awarded by the tribunal is
confirmed. There will be an award only against the owner of the vehicle viz.,
respondent No.6 and the award against the appellant/Insurance Company will
stand set aside. It is made clear that the respondent/claimant is entitled to
recover compensation from the owner of the vehicle, respondent No.6 herein. No
costs. Connected miscellaneous petition is closed.
15.2.2021
Speaking/Non Speaking order
Index: Yes/No
Internet: Yes/No
vaan
10/12

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