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National Insurance Co. Ltd. through its Divisional Manager, Tiruchirappalli Vs. Muthulakshmi and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA (MD) No. 1422 of 2006
Judge
AppellantNational Insurance Co. Ltd. through its Divisional Manager, Tiruchirappalli
RespondentMuthulakshmi and Others
Excerpt:
.....act, against the judgment and decree in mcop.no.2729 of 2002 dated 25.08.2005 on the file of the motor accident claims tribunal, iii additional sub court, tiruchirappali.) judgment: 1. the present civil miscellaneous appeal has been filed against the judgment and decree in mcop.no.2729 of 2002 dated 25.08.2005 on the file of the motor accident claims tribunal, iii additional sub court, tiruchirappali. 2. it is the case of unfortunate fatal accident took place on 25.04.2002, at 07.30 p.m, on thanjavur road and the death occurred on the spot. the parents of the deceased filed an application in mcop.no.2729 of 2002, before the motor accident claims tribunal, iii additional sub court, tiruchirappali, and the tribunal by considering the facts and circumstances of the case, awarded.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree in MCOP.No.2729 of 2002 dated 25.08.2005 on the file of the Motor Accident Claims Tribunal, III Additional Sub Court, Tiruchirappali.)

Judgment:

1. The present Civil Miscellaneous Appeal has been filed against the judgment and decree in MCOP.No.2729 of 2002 dated 25.08.2005 on the file of the Motor Accident Claims Tribunal, III Additional Sub Court, Tiruchirappali.

2. It is the case of unfortunate fatal accident took place on 25.04.2002, at 07.30 p.m, on Thanjavur road and the death occurred on the spot. The parents of the deceased filed an application in MCOP.No.2729 of 2002, before the Motor Accident Claims Tribunal, III Additional Sub Court, Tiruchirappali, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.4,12,000/- as total compensation with interest at 7.5% per annum. The appellant insurance company has filed the present appeal, challenging the Award passed by the Tribunal, on the ground that the quantum of compensation as well as the negligence fixed by the Tribunal are erroneous and unacceptable.

3. In respect of the negligence, the arguments argued by the learned counsel for the appellant cannot be accepted, since the evidences and the deposition recorded by the Tribunal shows that before the Tribunal, no rebuttal evidence was let in nor document was marked by the appellant. In the absence of any rebuttal evidence and since it is a case of fatal accident and the age of the deceased at the time of accident was 17 years, this Court is not inclined to interfere with the award passed by the Tribunal and there is no error in the finding of the Tribunal warranting interference by this Court.

4. Accordingly, this the Civil Miscellaneous Appeal is dismissed. No costs. 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 respondents 1 and 2/claimants are permitted to withdraw the same as apportioned by the Tribunal, by filing necessary application before the Tribunal.


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