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General Manager, The United India Insurance Company Limited Vs. Sirajudeen and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA(MD)No. 1555 of 2007 & M.P(MD)Nos. 2 of 2007 & 1 of 2008
Judge
AppellantGeneral Manager, The United India Insurance Company Limited
RespondentSirajudeen and Another
Excerpt:
vehicles act - section 173 -.....against the judgment and decree dated 24.03.2006 made in mcop.no.2414 of 2002 on the file of the motor accident claims tribunal cum i additional district court (pcr) trichy.) 1. it is the case of injury caused due to the accident took place on 20.06.2002 about 10.30 p.m on trichy-chennai bye-pass road. the injured victim filed an application in mcop.no.2414 of 2002 before the motor accident claims tribunal cum i additional district court (pcr) trichy, and the tribunal by considering the facts and circumstances of the case, awarded rs.66,000/- as compensation with interest at 7.5% per annum, against which, the appellant insurance company has filed the present appeal on the ground that the appellant is not liable to pay any compensation, since the accident itself was in question. 2......
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 24.03.2006 made in MCOP.No.2414 of 2002 on the file of the Motor Accident Claims Tribunal cum I Additional District Court (PCR) Trichy.)

1. It is the case of injury caused due to the accident took place on 20.06.2002 about 10.30 p.m on Trichy-Chennai Bye-pass road. The injured victim filed an application in MCOP.No.2414 of 2002 before the Motor Accident Claims Tribunal cum I Additional District Court (PCR) Trichy, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.66,000/- as compensation with interest at 7.5% per annum, against which, the appellant insurance company has filed the present appeal on the ground that the appellant is not liable to pay any compensation, since the accident itself was in question.

2. Though the learned counsel stated that the appellant is questioning the liability, admitted the fact that they had not let in any evidence before the Tribunal questioning the liability nor to prove that the accident never took place. In the absence of production of any documentary proof or let in any evidence on this aspect, the appellant is estopped from agitating the issue of liability before this Court. Hence, the grounds raised before this Court in an appeal deserves no consideration and accordingly, the award of the Tribunal is confirmed.

3. The appellant is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited already. On such deposit, the 1st respondent/claimant, is permitted to withdraw the same, less the amount already withdrawn, if any, through RTGS, by filing necessary applications before the Tribunal.

In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, M.P(MD)Nos.2 of 2007 and 1 of 2008 are closed.


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