The Oriental Insurance Company Limited, through its Divisional Manager, Tuticorin Vs. Sangareswari and Others - Court Judgment

Excerpt:
motor vehicles act, 1988 - section 173 gratuitous passenger respondents/ claimants are legal heirs of deceased who died in road accident respondents sought compensation before tribunal tribunal awarded prescribed amount as compensation - appellant/insurance company aggrieved by said award, contended that as deceased was gratuitous passenger, respondents are not entitled to compensation hence this civil miscellaneous appeal - court held first prosecution witness/wife of deceased had categorically deposed that deceased was cleaner and not gratuitous passenger -fact that deceased was cleaner was not disputed by appellant through any acceptable cross examination or any other document as such court is not inclined to consider ground raised in appeal that deceased was gratuitous passenger- no infirmity in award passed by tribunal order passed by tribunal was confirmed as entire award amount was deposited, directions were issued to respondents and tribunal for withdrawal of award amount -civil miscellaneous appeal is dismissed. paras: (3) (prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against the judgment and decree in m.c.o.p.no.125 of 2007, dated 30.09.2011, on the file of the motor accidents claims tribunal, principal district judge, virudhunagar district at srivilliputtur.) 1. the appellant/oriental insurance company has filed the present c.m.a(md)no.1484 of 2013, challenging the award passed inmcop.no.125 of 2007, dated 30.09.2011, on the file of the motor accidents claims tribunal, principal district judge, virudhunagar district at srivilliputtur. 2.it is an unfortunate case of the fatal accident caused on account of an accident took place on 14.01.2007 around 7.45 a.m. on srivilliputhur madurai main road. the legal heirs of the deceased filed an application seeking compensation before the motor accidents claims tribunal, principal district judge, virudhunagar district at srivilliputtur in mcop.no.125 of 2007. considering the facts and circumstances of the case, the tribunal awarded rs.4,34,000/- as total compensation. challenging the award, the appellant/insurance company has preferred the appeal on the ground that the deceased was a gratuitous passenger and therefore not entitled for any compensation from the appellant/oriental insurance company. 3. on reading of the findings of the tribunal, the pw1-wife of the deceased categorically deposed that the deceased was a cleaner and not a gratuitous passenger. when the wife of the deceased had categorically deposed and the same was not disputed by the appellant/insurance company before the tribunal through any acceptable cross examination or through any other document, this court is not inclined to consider the ground raised in the appeal that the deceased was a gratuitous passenger. such being the factual position, the award of the tribunal is in accordance with the procedure and there is no infirmity and hence, the order passed by the motor accidents claims tribunal, principal district judge, virudhunagar district at srivilliputtur in mcop.no.125 of 2007, dated 30.09.2011, is confirmed and the civil miscellaneous appeal is dismissed. 4. the learned counsel appearing for the appellant/oriental insurance company represented that the entire award amount has already been deposited and the respondents 1 to 5/claimants are permitted to withdraw the entire award amount with accrued interest through rtgs, by filing necessary application before the tribunal as per the ratio fixed by the tribunal. in so far as, if there are any minors, the tribunal is directed to deposit their respective portion in any one of the nationalised bank, till they attain majority. the guardian of the minor is permitted to withdraw the interest of the minor share once in three months directly from the bank. no costs.