(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award made in M.C.O.P.No.310 of 2011, dated 16.09.2013, on the file of the Motor Accident Claims Tribunal-cum-Sub Judge, Kulithalai.)
1. The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.1202 of 2014, challenging the award passed inMCOP.No.310 of 2011, dated 16.09.2013, on the file of the Motor Accident Claims Tribunal-cum-Sub Judge, Kulithalai.
2. It is a case of an injury caused on account of an accident occurred on 17.04.2011 around 5.30 p.m. on Kulithalai - Manaparai Main Road. The injured victim filed an application seeking compensation before the Motor Accident Claims Tribunal-cum-Sub Judge, Kulithalai in MCOP.No.310 of 2011. Considering the facts and circumstances of the case, the Tribunbal awarded Rs.67,500/- as total compensation. Challenging the same, the appellant/Oriental Insurance Company has preferred the present appeal on the ground that the quantum of award and the liability fixed by the Tribunal is erroneous.
3. The learned counsel appearing for the appellant/Insurance Company fairly conceded that the percentage of negligence of 75% for the Insurance Company and 25% for the claimant is in order and there is no error on record on the findings of the Tribunal in this respect. Further, the Tribunal ordered for pay and recovery by following the principles laid down by the Hon ble Supreme Court of India in the case of Oriental Insurance Company Limited vs. Nanjappan and others reported in (2004) 13 SCC 224 is applied which is extracted below:
8.Therefore, while setting aside the judgment of the High Court we direct in terms of what has been stated in Baljit Kaur's case (supra) that the insurer shall pay the quantum of compensation fixed by the Tribunal, about which there was no dispute raised, to the respondent-claimants within three months from today. For the purpose of recovering the same 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 owner was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. Before release of the amount to the insured, owner of the vehicle shall be issued a notice and he shall be required to furnish security for the entire amount, which the insurer will pay to the claimants. 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 realization by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, the insured. The appeal is disposed of in the aforesaid terms, with no order as to costs.
4. But, the Tribunal though ordered pay and recovery failed to note the procedure of recovery as decided by the Hon ble Supreme Court of India. Accordingly, the relevant portion of the Apex Court Judgment is extracted above. This Court is inclined to order pay and recovery. As per the procedure laid down by the Hon ble Apex Court and the appellant/Insurance Company can pay the compensation and recover the same. In all other aspects, the award of the compensation passed by the Motor Accident Claims Tribunal-cum-Sub Judge, Kulithalai in MCOP.No.310 of 2011, dated 16.09.2013, is confirmed and the Civil Miscellaneous Appeal is disposed of.
5. The learned counsel appearing for the appellant/Oriental Insurance Company represented that the entire award amount has already been deposited with accrued interest and the first respondent/ claimant is permitted to withdraw the entire award amount with accrued interest through RTGS, by filing necessary application before the Tribunal. No costs. Consequently, connected miscellaneous petition is closed.