Madras High Court
Iffco Toko Insur Company Limited vs K.Kunjaram ...R-1/Petitioner on 21 December, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.593 of 2020
and
C.M.P.(MD)No.6148 & 6149 of 2020
IFFCO TOKO Insur Company Limited,
through its Branch Manager,
No.82, Preetham Plaza and First Floor,
Chandra Gandhi Nagar, Ponmeni,
Madurai – 625 016.
Madurai Town, Madurai District. ...Appellant/2nd Respondent
Vs.
1.K.Kunjaram ...R-1/Petitioner
2.Suresh ...R-2/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and Decree, dated 23.10.2019
passed in M.C.O.P.No.28 of 2018 on the file of the learned Motor Accident
Claims Tribunal Judge/Chief Judicial Magistrate/Special Judge, Special
Court for Trial of V & AC Act (FAC) of Sivagangai by allowing this appeal.
For Appellant :Mr.V.Sakthivel
For R-1 :Mr.S.Pugalendhi
For R-2 :No appearance
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2
ORDER
This Civil Miscellaneous Appeal has been filed to set aside the Order,
dated 23.10.2019 in M.C.O.P.No.28 of 2018 passed by the learned Motor
Accident Claims Tribunal/Chief Judicial Magistrate/Special Judge, Special
Court for Trial of V & AC Act (FAC) of Sivagangai.
2.It is a case of accident. On 27.12.2016 at 07.45 a.m., the claimant
was travelling as a pillion rider in two wheeler bearing Regn. No.
TN-63-AA-7059, near Soniaha Temple in Milaganoor Road, the rider of the
said two wheeler riding his vehicle in rash and negligent manner and applied
break at pit and due to which, the petitioner was fell down. Due to the said
accident, the claimant has sustained injuries.
3.The claimant has filed a claim petition in M.C.O.P.No.28 of 2018 on
the file of the learned Motor Accident Claims Tribunal/Chief Judicial
Magistrate/Special Judge, Special Court for Trial of V & AC Act (FAC) of
Sivagangai, seeking compensation.
4.Before the Tribunal, on the side of the claimant one witness was
examined as P.W.1 and marked seven documents as Exs.P.1 to Ex.P.7 and
Ex.C.1 was marked.
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5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
insurance company and also on appreciating the evidences on record, the
claim petition was allowed in part and directed the appellant/Insurance
Company to pay the award amount of Rs.2,51,224/-as compensation, fixed
by the tribunal. Aggrieved by the said order, the present Civil Miscellaneous
Appeal has been filed.
6.Heard on either side. Perused the material documents available on
record.
7.Eventhough, the name of the 2nd respondent is printed in the cause
list, no one is appeared on behalf of him.
8.The appellant/insurance company has filed this appeal on the ground
that the pillion rider of the two wheeler is not covered under policy. It is only
'The Act Policy' only under IMT.
9.The claimant has filed the claim petition in M.C.O.P.No.28 of 2018
for claiming compensation for the injuries sustained in the road accident.
When she travelled as a pillion rider in two wheeler to go to Manamadurai,
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the rider of the two wheeler riding the vehicle in rash and negligent manner
and applied brake. Due to which, the claimant fell down and suffered head
injury and sustained giddiness and due to the facture in her Head she suffered
Dizziness.
10.The tribunal has awarded a sum of Rs.2,51,224/-as compensation.
11. The learned counsel appearing for the appellant/insurance company
raised an objection that the policy is only the 'Act Policy' under IMT rules
applicable to the claimant. She has not sustained any permanent disability.
There is no coverage under the policy. But, the tribunal has fixed only
liability on the appellant/insurance company.
12.All the points raised in the counter, not considered by the tribunal.
On perusal of the insurance policy, it is revealed the fact that for passenger
personal coverage in IMT paid. Since the claimant is not sustained any
disability she could not claim under the policy from the appellant/insurance
company. Only, the owner of the vehicle is liable to pay compensation.
13.With these observations, this Civil Miscellaneous Appeal is allowed
and the liability is fixed only the owner of the vehicle/2nd respondent herein.
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The appellant/insurance company is entitled to refund the deposited award
amount, if any. No costs. Consequently, C.M.P.(MD)No.6148 of 2020 is
allowed and C.M.P.(MD)No.6149 of 2020 is closed.
Index :Yes/No 21.12.2021
Internet:Yes/No
ksa
Note:In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
To
The Motor Accident Claims Tribunal Judge/
Chief Judicial Magistrate/Special Judge,
Special Court for Trial of V & AC Act (FAC),
Sivagangai.
https://www.mhc.tn.gov.in/judis
S.ANANTHI, J.
ksa
Order made in
C.M.A.(MD).No.593 of 2020
21.12.2021
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