Rev.Aplc.(MD)No.4 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.04.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
Rev.Aplc.(MD)No.4 of 2022
M/s.Reliance General Insurance Company
Limited,
Rep. by its Divisional Manager,
Sri Meenakshi Plaza,
HIG 50, 80 Feet Road,
Anna Nagar,
Madurai – 625 020. ... Petitioner/Appellant
Vs.
J.Saroja ... Respondent/Respondent
PRAYER : Review Application filed under Order 47 Rule 1 r/w Section
114 of Civil Procedure Code, to review the decree and judgment in
C.M.A(MD)No.516 of 2021, dated 30.09.2021.
For Petitioner : Mr.V.Sakthivel
For Respondent : Mr.N.Sudhagar Nagaraj
ORDER
The petitioner filed this Review Application to review the decree and judgment passed in C.M.A(MD)No.516 of 2021, dated 30.09.2021.
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2.The learned counsel for the petitioner questioned that the Insurance Company is liable to pay only personal coverage of Rs.1,00,000/-. But the Tribunal passed an order that the entire liability on the Insurance Company and this Court is also confirmed the award by the Court below. Now the learned counsel for the petitioner argued that the petitioner is liable to pay only Rs.1,00,000/-, since the policy is a personal coverage policy.
3.Since the deceased is the owner of the vehicle and he drove the vehicle at the time of accident, so the petitioner/Insurance Company is liable to pay a sum of Rs.1,00,000/- (Rupees One lakh only) and the remaining amount compensation is to be paid by the owner.
4.In view of the above, the Review Application is allowed and the petitioner/Insurance Company is directed to pay a sum of Rs.1,00,000/-
(Rupees One lakh only) and the owner of the vehicle is directed to pay the remaining amount of compensation. No costs.
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1.The Motor Accident Claims Tribunal/ V Additional District Judge, Madurai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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