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National Insurance Co. Ltd. through its Branch Manager Vs. Saravanaraj and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA(MD)No. 1236 of 2007
Judge
AppellantNational Insurance Co. Ltd. through its Branch Manager
RespondentSaravanaraj and Others
Excerpt:
.....the present appeal on the ground that 50% liability fixed on the appellant is erroneous, since the vehicle insured with the 2nd respondent/united india insurance company ltd., was wholly responsible for the accident and therefore, the appellant ought to have been exonerated from the liability in totality. 2. on reading of the findings of the tribunal, it is clear that the two vehicles met with an accident and one vehicle dashed with the back side of another vehicle. the findings of the tribunal is that the vehicle which was insured with the appellant company had not switched on the indicators and therefore, 50% liability was fixed on the appellant insurance company. hence, this court is of the view that when the vehicle insured with the appellant insurance company also contributed for.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the order and decree dated 21.01.2006 made in MCOP.No.563 of 2001 on the file of the Motor Accident Claims Tribunal, (III Additional Sub Judge), Trichy.)

1. It is the case of injury caused due to the accident took place on 18.05.2000 about 02.00 hours on Kariamangalam-Krishnagiri main road near Palakodu Bye-pass road. The injured victim filed an application in MCOP.No.563 of 2001 before the Motor Accident Claims Tribunal, Tiruchirappalli, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.74,500/- against which, the appellant insurance company has filed the present appeal on the ground that 50% liability fixed on the appellant is erroneous, since the vehicle insured with the 2nd respondent/United India Insurance Company Ltd., was wholly responsible for the accident and therefore, the appellant ought to have been exonerated from the liability in totality.

2. On reading of the findings of the Tribunal, it is clear that the two vehicles met with an accident and one vehicle dashed with the back side of another vehicle. The findings of the Tribunal is that the vehicle which was insured with the appellant company had not switched on the indicators and therefore, 50% liability was fixed on the appellant insurance company. Hence, this Court is of the view that when the vehicle insured with the appellant insurance company also contributed for the accident, the fixation of 50% liability on the appellant company is right and no interference is required and accordingly, the award of the Tribunal is confirmed.

3. The appellant is directed to deposit 50% of the 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.


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