BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED v. THIRUMALAI
2018-10-08
V.M.VELUMANI
body2018
DigiLaw.ai
JUDGMENT V.M. VELUMANI, J. 1. These Civil Miscellaneous Appeals have been filed to set aside the award passed in M.C.O.P.Nos.71 to 74 of 2009, dated 18.03.2011, on the file of the Motor Accidents Claims Tribunal cum Sub Judge, Periyakulam. 2. Since all these appeals are arising out of the very same accident, they are heard together and disposed of by this common judgment. 3. The parties are referred to as per rank in the claim petitions. 4. The appellant / Insurance Company is the second respondent in the claim petitions. The claimants have filed the claim petitions in M.C.O.P.Nos.71 to 74 of 2009, claiming a sum of Rs. 1,00,000/- (Rupees One Lakh Only) as compensation for the injuries sustained by them in the accident that took place on 18.11.2008. 5. Before the Tribunal, on behalf of the claimants, the claimants examined themselves as P.W.1 to P.W.4 and 8 documents were marked as Exs.P1 to P8. On behalf of the Insurance Company / second respondent, one S.Pandi and Shanmugakani were examined as R.W.1 and R.W.2 and 3 documents were marked as Ex.R1 to R3. 6. The Tribunal, considering the pleadings, both oral and documentary evidence let in by both the parties, held that the accident occurred only due to rash and negligent driving by the driver of the auto, belonging to the first respondent in the claim petitions and awarded a sum of Rs. 12,000/- each, directing the second respondent in the claim petitions to pay the compensation at the first instance and recover the same from the first respondent. 7. Aggrieved by the said award, the appellant has come out with the present appeals. 8. The learned counsel appearing for the appellant contended that the driver of the auto rickshaw did not possess driving licence at the time of accident. According to the learned counsel appearing for the appellant, the appellant has examined R.W.2, the official from Regional Transport Office and proved that the driver did not possess driving licence. 9. Heard the learned counsel appearing for the appellant and the first respondent in all appeals and perused the materials available on record. 10. From the materials on record, it is seen that R.W.2 has stated that the driver of the auto did not produce driving licence before the Motor Vehicle Inspector at the time of inspection of auto involved in the accident.
10. From the materials on record, it is seen that R.W.2 has stated that the driver of the auto did not produce driving licence before the Motor Vehicle Inspector at the time of inspection of auto involved in the accident. R.W.2 has not deposed that the licence was not issued to the driver of the auto rickshaw. In view of the same, it is clear that the appellant has failed to prove that no licence was issued to the driver by the Regional Transport Office. 11. For the above reason, the appellant is liable to pay compensation. The Tribunal has erroneously ordered pay and recovery without properly appreciating the evidence of R.W.2. The owner of the auto rickshaw has not filed any appeal, challenging the award. The appellant has not substantiated that the amounts awarded by the Tribunal is excessive. The Tribunal has considered the materials on record and granted only a sum of Rs. 12,000/- each, which is just compensation. Therefore, there is no reason warranting interference by this Court. 12. In the result, these Civil Miscellaneous Appeals are dismissed, directing the appellant / Insurance Company to deposit the entire award amount to the credit of M.C.O.P.Nos.71 to 74 of 2009 on the file of the Motor Accident Claims Tribunal cum Subordinate Judge, Periyakulam, less the amount already deposited, if any, along with interest at the rate of 7.5% per annum from the date of petition till the date of realisation with proportionate costs, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the major claimants are permitted to withdraw the said award amount, less the amount, if any, already withdrawn, by making necessary application before the Tribunal. The Tribunal shall deposit the shares of the minor claimants in a Fixed Deposit in any one of the Nationalized Banks, till they attain majority. The father / guardian of the minors is permitted to withdraw the interest accrued thereon once in three months directly from the bank. No costs.