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High CourtsSINGLE BENCH(2017) 10 MAD CK 0070

The New India Assurance Co., Ltd, Rep.by its Divisional Manager vs Vijayan, & Ors.

Madras High Court · Decided on 5 October 2017

HON’BLE JUDGES
G.R.Swaminathan
RESULT
Dismissed
CASE NUMBER
575 of 2004 and C M P (MD)No 2889 of 2004

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Judgment

5 paragraphs · 328 words
1.

This Civil Miscellaneous Appeal has been filed by New India Assurance Co., Ltd challenging the award dated 03.10.2002 made in MCOP.No.60/99 on the file of the Motor Accident Claims Tribunal (Prl.District Court of Kanyakumari) at Nagercoil.

2.

The case of the claimants was that one Udhayakumar, brother of claimants 1 to 3 herein and uncle of claimants 4 to 6 passed away in the accident took place on 21.07.1997. The deceased Udhayakumar was a load man who was working in the lorry belonging to the 7th respondent herein. On account of the rash and negligent driving of the lorry bearing Registration No.T D T 4878, which was insured with the appellant insurance company, the accident in question occurred leading to the death of the said Udhayakumar. The claimants filed the said MCOP contending that they were dependents on the deceased. The Tribunal awarded a sum of Rs.1,75,000/- with interest. Questioning the same, this Civil Miscellaneous Appeal has been filed.

3.

The primary contention urged by the learned counsel for the appellant is that the MCOP was not maintainable. The deceased was a bachelor. The claim petition was filed by the brothers and sisters and nephews. They are not Class-I legal heirs and cannot said to be dependents of the deceased. In these circumstances, when the very claim petition was not maintainable, the award passed by the Tribunal cannot said to be proper.

4.

The question raised in this appeal is no longer res-integra. The Madras High Court following the decision of the Honourable Supreme Court held in 2010 CLJ 374 that brothers and sisters can also maintain a claim petition. The said decision was followed in United India Insurance Company vs. Poongavanam 2013 ACJ 2763. The legal contention raised by the appellant stands answered by the aforesaid decisions. The award amount cannot be said to be excessive. I find no merit in this civil miscellaneous appeal. It stands dismissed.

No costs. Consequently, connected miscellaneous petition is closed.