IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-11-2008
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
C.M.A.(NPD)No.3605 of 2008
M/s New India Assurance Company Ltd.,
rep. by Divisional Manager ....Appellant
vs.
1.Smt.Jothi Gandhi
2.D.Sakunthala
3.United India Insurance Co.Ltd.,
rep. by Divisional Manager
T.K.M.Complex, 1st Floor,
45-51, Katpadi Road, Vellore.
4. M/s Ashnil Movers (Pvt) Ltd.,
Lorry Owner GJ-15-V-6590
GIDC Area post
Kabilporetal, Navasari District
Valsad, Gujarat (Valsad) ... Respondents
Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and decree dated 26.11.2007 made in MCOP.nO.163 OF 2003 on the file of the Motor Accident Claims Tribunal (Subordinate Judge) Vellore.
For appellant : Mr.K.S.Narasimhan
For Respondent No.3: Mr.Ismail
for M/s N.Vijayaraghavan
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JUDGMENT
Since the issue is only between the appellant and the third respondent, no notice is issued to other respondents.
2. New India Insurance Company is on appeal challenging the award dated 26.11.2007 made in MCOP.NO.163 of 2003 on the file of the Motor Accident Claims Tribunal (Subordinate Judge) Vellore.
3. It is a case of injury. The accident in this case happened on 9.3.2003 between a lorry bearing Registration No.GJ-15-EU-6590 and a bus bearing Registration No. TN-23T-9798 insured with the third respondent, United India Insurance Company Limited.
4. In that accident, several persons were injured and claims for compensation were filed. In the month of April 2006, the Fast track Court, Vellore has disposed of four cases out of twelve cases. In all the four cases, the Fast Track Court held that the driver of the bus insured with the third respondent United India Insurance Company was negligent and was responsible for the accident and the liabiliy was fixed on the third respondent, United India Insurance Company.
5. It is stated that in all the four cases, the third respondent United India Insurance Company has accepted the finding of the Tribunal and paid the award amount as per the order of the Tribunal and no appeal has been filed.
6. A Motor Accident Claims Petition No.319 of 2003 was filed in a case that arose out of the same accident. An award was passed by the Tribunal at Vellore as against the United India Insurance Company, the third respondent. In all the above five cases as stated above, it was contended that the appellant had been exonerated from their liability to compensate the claimant.
7. In respect of the present case viz.MCOP.No.163 of 2003, the Sub Judge, Vellore has passed an award fixing the negligence on both the drivers and apportioned the liability on both the Insurance company equally. Hence, the present appeal.
8. Notice was issued to the counsel for the third respondent, who on instructions, stated that as against the five awards stated above, no appeal has been filed and the third respondent Insurance Company has accepted their liability to compensate the claimant and satisfied the award.
9. Recording such statement of the learned counsel for the third respondent, the appeal is allowed and the finding of the Tribunal in the present case holding that the both the Insurance company are equally liable to compensate the claimants is set aside. The negligence is fixed on the driver of the bus insured with the third respondent and the third respondent is liable to compensate the claimants.
10. The learned counsel for the third respondent seeks for eight weeks time to deposit the amount with interest and on such deposit, the claimant will be entitled to withdraw the same and the same are allowed.
11. The Civil Miscellaneous Appeal is ordered on the above terms. There will be no order as to costs.
VJY
To
Motor Accident Claims Tribunal
(Subordinate Judge)
Vellore