The Branch Manager vs V.Sreenath … 1St
2021 Latest Caselaw 11190 Mad

                                                                       C.M.A.Nos.1300 and 1301 of 2016

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 30.04.2021

                                                     CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                          C.M.A.Nos.1300 and 1301 of 2016
                                                       and
                                           M.P.Nos.9976 and 9977 of 2016

                The Branch Manager,
                Oriental Insurance Co. Ltd.,
                Branch Office,
                Kuppam.                                       … Appellant in both the appeals

                                                        Vs.

                1.V.Sreenath                 … 1st Respondent in C.M.A.No.1300 of 2016

                   T.P.Vijayalakshmi         … 1st Respondent in C.M.A.No.1301 of 2016

                2.Abeed Hussain
                3.Venkatappa Venkatesh
                4.The Divisional Manager,
                New India Assurance Co. Ltd.,
                Flat No.11 & 12 Ground Floor,
                Aditya Tower, Balaji Colony,
                Thirupathi.             … Respondents 2 to 4 in both the appeals

                Common Prayer: Civil Miscellaneous Appeals filed under Section 173 of

                Motor Vehicles Act, 1988, against the Judgment and Decree dated 05.11.2014

                made in M.C.O.P.Nos.1575 and 1576 of 2013 on the file of Motor Accident

                Claims Tribunal, Special Sub-Judge, Krishnagiri.

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                                                                        C.M.A.Nos.1300 and 1301 of 2016

                                   For Appellant        :    Mr.N.Vijayaraghavan
                                   For Respondents      :    Mr.M.Sivakumar for R1
                                                             R2 – Served – No Appearance
                                                             R3 – Not known
                                                             Mr.M.Krishnamoorthy for R4

                                                 JUDGMENT

These appeals have been filed by the Insurance Company challenging the

common award dated 05.11.2014 passed by the Motor Accidents Claims

Tribunal, Special Sub-Judge, Krishnagiri, in M.C.O.P.Nos.1575 and 1576 of

2013.

2. The appellant/Insurance Company has challenged the impugned award

questioning its liability. Since according to them, on the date of the accident

i.e., on 13.05.2010, the Insurance policy was not in force as it came into effect

only on 15.05.2010 even according to the respondent/claimants.

3. The learned counsel for the appellant/Insurance Company drew the

attention of this Court to the claim petition and in particular, he referred to

Sl.No.16, which deals with the policy details and he would submit that the

respondents/claimants have admitted that the policy number issued by the

appellant/Insurance Company came into force only for the period from

15.05.2010 to 14.05.2011, whereas, the accident happened on 13.05.2010. In

https://www.mhc.tn.gov.in/judis/

C.M.A.Nos.1300 and 1301 of 2016

the counter statement filed by the appellant/Insurance Company before the

Tribunal, the appellant/Insurance Company has taken a specific stand that they

are not liable to compensate the claimants, in view of the fact that the policy

came into force only on 15.05.2010, whereas, the accident happened on

13.05.2010 two days prior to the date of the policy.

4. This Court has also perused and examined the insurance policy which

was issued by the appellant/Insurance Company which was marked as an

Exhibit before the Tribunal and as seen from the policy and as rightly

contended by the learned counsel for the appellant, the policy came into force

only on 15.05.2010, whereas, the accident happened on 13.05.2010 itself.

Therefore, it is clear that as on the date of the accident i.e., on 13.05.2010, there

was no policy in force in order to claim compensation from the

appellant/Insurance Company. However, in the impugned award, the Tribunal,

by non-application of mind to the insurance policy issued by the

appellant/Insurance Company has erroneously passed an award against the

appellant/Insurance Company also. Hence, the impugned common award dated

05.11.2014, passed by the Tribunal in M.C.O.P.Nos.1575 and 1576 of 2013

against the appellant has to be necessarily quashed.

https://www.mhc.tn.gov.in/judis/

C.M.A.Nos.1300 and 1301 of 2016

5. Accordingly, the impugned common award dated 05.11.2014 passed

by the Tribunal in M.C.O.P.Nos.1575 and 1576 of 2013 is quashed as against

the appellant alone and the appeals are allowed. However, insofar as the

common award passed against the 2nd respondent/owner of the vehicle is

concerned, the same is confirmed by this Court. Liberty is also granted to the

claimant, if aggrieved by the finding of the Tribunal as against the

4th respondent in this appeal to file an appeal seeking for compensation from

the 4th respondent, who is the insurer for Auto, in which, the respective

claimants were travelling as passengers. No costs. Consequently, connected

miscellaneous petitions are closed.

30.04.2021

Index: Yes/No Internet: Yes/No Speaking / Non-Speaking Order ssn

https://www.mhc.tn.gov.in/judis/

C.M.A.Nos.1300 and 1301 of 2016

To

1.The Motor Accident Claims Tribunal, Special Sub-Judge, Krishnagiri.

2.The Section Officer, Vernacular Section, Madras High Court.

https://www.mhc.tn.gov.in/judis/

C.M.A.Nos.1300 and 1301 of 2016

ABDUL QUDDHOSE, J., ssn

C.M.A.Nos.1300 and 1301 of 2016 and M.P.Nos.9976 and 9977 of 2016

30.04.2021

https://www.mhc.tn.gov.in/judis/