(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No.131 of 2006 dated 19.04.2011 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Padmanabapuram.)
1. The present Civil Miscellaneous has been Appeal filed to set aside the award passed in M.C.O.P.No.131 of 2006 dated 19.04.2011 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Padmanabapuram.
2. The accident took place on 06.09.2015 at about 17.00 hours near Arun Santhoskumar Hospital, Kumarapuram. It is the case of injury and the claim petition in M.C.O.P.No.131 of 2006 was filed before the Motor Accident Claims Tribunal (Subordinate Judge), Padmanabapuram seeking compensation and the Tribunal, by considering the facts and circumstances of the case, granted a sum of Rs.2,44,616/- towards total compensation, against which, the present appeal has been filed by the appellant National Insurance Company on the ground a sum of Rs.20,000/- granted towards grievous injury and a sum of Rs.2,000/- granted towards a simple injury by the Tribunal are excessive and the same has to be deducted.
3. This Court considered the submissions of the learned counsel for the appellant and perused the materials available on record.
4. The Tribunal have passed an order of pay and recovery and there is no error or infirmity in the order passed by the Tribunal.
5. It is settled position of law that in the case of claim made by the third party, even if there is any violation of the policy conditions, the Insurance Company has to pay the award amount to the claimant and thereafter, recover the same from the owner of the vehicle.
6. InOriental Insurance Co.Ltd., Vs. Shri Nanjappan and others, reported in I (2004) ACC 524 (SC), the Hon'ble Supreme Court in paragraph 7 it has been held as follows:-
(7) ....For the purpose of recovering the compensation amount from the insured, the insurer shall not be required to file a suit. It may initiate a proceeding before the concerned Executing Court as if the dispute between the insurer and the insured was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. A notice shall be issued to the insured to furnish security for the entire amount. The offending vehicle shall be attached as a part of the security. If necessity arises, the Executing Court shall take assistance of the concerned Regional Transport Authority. The Executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. In case there is any default it shall be open to the Executing Court to direct realisation by disposal of the securities to be furnished or from any other property of the insured.
7. The Insurance Company is permitted to recover the award amount from the owner of the vehicle as per the mode incorporated in Shri Nanjappan's case referred to above.
8. Considering the facts and circumstances of the case and also considering the amount of compensation awarded by the Tribunal, it is clear that a sum of Rs.22,000/- awarded by the Tribunal for grievous and simple injuries is excessive and the same has to be reduced. Accordingly, the award is modified by reducing the sum of Rs.22,000/- awarded under of grievous and simple injuries.
9. Accordingly, the award is modified from the compensation of Rs.2,44,616/- to Rs.2,24,616 and in all other aspects, the award passed by the Tribunal in M.C.O.P.No.131 of 2006 is confirmed.
10. In the result, the Civil Miscellaneous Appeal is partly allowed. No costs.
11. The learned counsel for the appellant represents that the entire award amount had already been deposited and the respondent/claimant is already withdrawn 50% of the award amount. Hence, the respondent/claimant is permitted to with draw the balance modified award amount with accrued interest and costs through RTGS by filing necessary application before the Tribunal concerned.
12. The Insurance Company is permitted to withdraw the remaining award amount from the Tribunal.