SASIKALA RAMALINGAM Vs. SAMI IYHIA NATTAR

JUDGEMENT

(1.) THE following important issue, which frequently arises for consideration before this Court, is as follows:-"Whether the insurer can question the quantum of compensation awarded by the Claims Tribunal by filing a joint appeal along with the insured?".

(2.) THE following are the few facts that are relevant for the disposal of this civil miscellaneous appeal.THE deceased Selvam, a student of B.V.N.College of Physical Education, Robertsonpet, Kollar Gold Fields, Karnataka, died when the Ambassador car bearing Regn.No.TN-25-8980 owned by the first appellant, in which the deceased along with his friends traveled, met with an accident near Ramaraja Wines, Kirumambakkam Main Road, Cuddalore, at about 22.00 hours on 9.12.94, and dashed against a lorry bearing Regn.No.PY-01-C-7840 belonging to the seventh respondent which came from the opposite direction in a rash and negligent manner. THE car was insured with the second appellant and the lorry was insured with the eighth respondent. As against the claim of Rs.3,00,000/- made by the parents, brothers and sisters of the deceased viz., the respondents 1 to 6, the Additional Motor Accidents Claims Tribunal, Special Officer (Civil Judge), Pondicherry, awarded a sum of Rs.2,70,000/- in favour of the respondents 1, 2, 5 and 6 together with interest at 12% per annum from the date of petition till the date of deposit. THE claim of the respondents 3 and 4 was dismissed as by then, they became major.

(3.) ON the above background, it is to be now considered as to whether the insurance company could file an appeal questioning the quantum by joining the insured as one of the appellants. It is well settled law that when the insurance Company is not entitled to seek a relief directly, it cannot be allowed to seek the said relief indirectly. While the intention of the legislature is very much clear as to the limitations for the insurance company to challenge an action at the instance of the claimant seeking for compensation, the Court cannot allow the insurance company to defend such action on any other grounds except those are available under Section 149(2) of the Act. Allowing the insurance company to defend the claim of compensation on any other grounds except those provided under Section 149(2) of the Act would be adding something more into the Section, which in our considered view, would be outside the ambit of the provision of Section 149(2) of the Act and the Court are not competent to do.