BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CMA(MD)No.24 of 2019 and C.M.P.(MD).No.357 of 2019 The Manager, Iffco-Tokio Insurance Company Limited, Iffco-Tokio Bhavan, 4^th Floor, Hibibullah Road, T.Nagar, Chennai-17. ... Appellant vs.

1.Minor.Sivanesh (represented through his guardian Durai Murugan S/O.Karunanithi, Thondarampattu West, Thirumangalakottai Melacolony, Oorthanadu Taluk, Tanjore District.

2.Kamalraj ... Respondents PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree dated 07.09.2018 passed in M.C.O.P.No.07 of 2017 on the file of the Motor Accidents Claims Tribunal/Special Subordinate Judge, Tanjore.

For Appellant : Mr.V.Sakthivel For Respondents : Mr.N.Tamil Mani (for R1)

No appearance (for R2)

J U D G M E N T

(Order of the Court was made by K.K.RAMAKRISHNAN, J.)

The insurance company have filed this appeal challenging the award passed in M.C.O.P.No. 7 of 2017 on the file of the Motor Accident Claims Tribunal / Special Subordinate Judge, Tanjore.

2. The appellant insurance company insured the vehicle lorry bearing registration No.KA-02-D-2165. When the deceased Duraimurugan was driving his car bearing registration No.TN-48- TMP-6272 in the Dharmapuri - Palacode Main Road, Near Pulikkarai, Nakkalapatti branch road, the said lorry dashed against the car and as result of the rash and negligent driving of the lorry driver, the deceased sustained severe injuries and he died. The jurisdictional police officer registered the case against the lorry driver and final report also was filed against him. The claimant is his minor child the only surviving member and his wife predeceased the deceased and the minor child was in custody of his maternal uncle and he has filed the claim petition before the Motor Accident Claims Tribunal / Special Subordinate Judge, Tanjore and claimed the compensation of Rs.40,00,000/- with interest of 12%. The claimant specifically pleaded that the deceased was working as a manager in the Himayala traders and earned Rs.50,000/- as a monthly salary.

3. The insurance company filed the counter denying the manner of the accident and disputed the income of the deceased. The insurance company specifically pleaded that the 1^st respondent was the owner of the insured vehicle. He had issued the cheque to renew the policy. The said cheque was dishonoured and hence the contract was cancelled and the said cancellation was duly intimated to the insurer and the regional transport office. Therefore, the insurance company is not liable to pay the compensation and seek to dismiss the petition as against the company.

4. To prove the case, on the side of the claimant PW1 to PW3 were examined Ex.P1 to P20 marked. On the side of the respondent, RW1 to RW2 were examined and Ex.R1 to Ex.R10 were marked.

5. The learned tribunal judge did not accept the contention of the insurance company and awarded the compensation of Rs.34,03,300/- by impugned award dated 07.09.2018, which reads as follows:

Aggrieved over the same, the insurance company have filed this appea