M/S.Reliance General Insurance ... vs J.Saroja

Citation : 2022 Latest Caselaw 7443 Mad
Judgement Date : 8 April, 2022

Madras High Court
M/S.Reliance General Insurance ... vs J.Saroja on 8 April, 2022
                                                                              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.

https://www.mhc.tn.gov.in/judis 1 /4 Rev.Aplc.(MD)No.4 of 2022

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.

08.04.2022 Index :Yes/No Internet:Yes/No vsd https://www.mhc.tn.gov.in/judis 2 /4 Rev.Aplc.(MD)No.4 of 2022 To

1.The Motor Accident Claims Tribunal/ V Additional District Judge, Madurai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis 3 /4 Rev.Aplc.(MD)No.4 of 2022 S.ANANTHI, J.

vsd Rev.Aplc.(MD)No.4 of 2022 08.04.2022 https://www.mhc.tn.gov.in/judis 4 /4