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2021 Supreme(Online)(MAD) 27839
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2021 CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN and THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI C.M.A.No. 1948 of 2021 and C.M.P.No. 10500 of 2021 M/s. United India Insurance Co. Ltd. Having Office at Municipal Building Main Road, North Paravur Regional Office at Dr. Nanjappa Road Coimbatore. ... Appellant Vs
1. Vijayalakshmi
2. Minor Aiswarya
3. Minor Sooryah Alagan
4. M.Sajan
5. Manoj
6. K.Krishnaveni
7. K.Sai Ram
8. K.Leela ... Respondents Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, praying to set aside the award and decree dated 03.11.2018 made in M.C.O.P. No. 905 of 2011 passed by the Learned Judge, Motor Accidents Claims Tribunal, V Additional District and Sessions Judge, Coimbatore and allow this Civil Miscellaneous Appeal. For Appellant : Mr. S.Arun Kumar
J U D G M E N T
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
The matter has been heard through "Video Conference".
2. This Appeal has been preferred against the award of the Tribunal fastening the liability on the Appellant /Insurance Company and awarding a sum of Rs.28,50,200/- for the death of one Thiru. K.Sai Gopal, aged 36 years, who was a business man-Civil Engineer earning a sum of Rs.14,180/- per mensem.
3. In the accident occurred on 02.12.2009, when the victim was traveling along with his friends in a jeep, he was hit by a Tempo traveler insured with the Appellant /Insurance Company. Therefore, the claim petition.
4. Heard Mr. S.Arun Kumar, Learned Counsel for the Petitioner, and perused the materials placed on record.
5. Only question is to be decided in this Appeal with regard to the liability. The Tribunal, based on the evidence of PW2 / eye-witness and an FIR filed against the driver of the Tempo traveler insured with Appellant /Insurance Company, rightly found that the accident occurred because of the rash and negligent driving of the driver of the Tempo traveler. However, there is no contra evidence on behalf of the Appellant /Insurance Company to prove otherwise contra the PW2 / eye-witness evidence.
6. In those circumstances, there is nothing to interfere with the order passed by the Tribunal and the Appeal is liable to be dismissed. Arising out of the same accident, an award has been passed, which was challenged before this Court in C.M.A. Nos. 2584 and 1724 of 2019 and this Court dismissed those Appeals and quantum of compensation was also reduced. However, this Court confirmed the findings regarding the negligence.
7. In view of the above, this Appeal stands dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.
[N.K.K., J.] [T.V.T.S., J.]
20.07.2021 Maya Index: Yes Internet : Yes Speaking order/Non-speaking order N.KIRUBAKARAN, J.
and T.V.THAMILSELVI, J.
Maya To
1. Learned Judge, Motor Accidents Claims Tribunal, V Additional District and Sessions Judge, Coimbatore.
Dated: 20.07.2021
