Madras High Court
The New India Assurance Company ... vs A.Palanichamy on 3 February, 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON :23.03.2022
PRONOUNCED ON : 25.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.984 of 2021
and
C.M.P(MD)No.9279 of 2021
The New India Assurance Company Limited,
through its Manager, Divisional Office,
CMTS Bhavan, 70 Feet Road,
Ellis Nagar, Madurai District.
:Appellant/Second Respondent
.vs.
1.A.Palanichamy
2.A.Palaniammal : Respondents 1 and 2/Petitioners
3.Sridhar :Third Respondent/Ist Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act,1988, against the judgment and decree made in
M.C.O.P.No.694 of 2019, dated 3.2.2021, on the file of the Motor
Accidents Claims Tribunal, 6th Additional District Court, Madurai.
For Appellant :Mr.J.S.Murali
For Respondents :Mr.N.Sudhagar Nagaraj
1 and 2 for Mr.A.Theethar
1/7
https://www.mhc.tn.gov.in/judis
JUDGMENT
*********
This Civil Miscellaneous Appeal is directed against the
judgment and decree made in M.C.O.P.No.694 of 2019, dated
3.2.2021, on the file of the Motor Accidents Claims Tribunal/6th
Additional District Court, Madurai.
2.The Insurance Company is the appellant herein, challenging
the award passed in M.C.O.P.No.694 of 2019, on the ground of
liability. The respondents/Claim Petitioners have filed the above
claim petition alleging that on 20.03.2019, at about 17.40 hours,
when the deceased was riding the two-wheeler bearing Registration
No. TN-59-BS-7809 belonging to the first respondent in Melur-
Thiruppathur Main Road, from east to west, near Navinipatti,
unfortunately, the first respondent's vehicle capsized and due to
that, the deceased fall down and sustained fatal injuries and he
died on the spot and that the accident had happened due to the
first respondent's vehicle.
3.As per the pleadings and evidence,the deceased was riding
the first respondent's two-wheeler at the time of accident from
Melur to Thiruppathur road, from east to west in a rash and
2/7
https://www.mhc.tn.gov.in/judis
negligent manner, in an uncontrollable speed, without adhering to
any of the traffic rules and regulations. While he was nearing
Navinipatti Kaveriamman Koil, due to inordinate speed, he lost his
control and the motor vehicle went off the road and dashed against
the foot-steps of Kaveriamman Koil, which situates on the southern
side of the mud road and the deceased died on the spot.
4.The Insurance Company is the appellant herein, challenging
the award passed in M.C.O.P.No.694 of 2019 for awarding Rs.1 lakh
under the Personal Accident Policy Coverage. The said award of Rs.1
lakh is under challenge in the present appeal.
5.According to the learned counsel for the appellant/Insurance
Company, no premium has been paid and had drawn the attention
of this Court to Ex.R1-Policy Copy. In the schedule, no amount has
been paid.
6.The learned counsel for the respondents /claimants relied
upon the judgment of the Division Bench of this Court in The
Divisional Manager, United India Insurance Company
Limited, Neyveli Township, Kurinjipadi Taluk .vs. R.Rekha
3/7
https://www.mhc.tn.gov.in/judis
and three others reported in 2017(2) TN MAC 674(DB) and
has stated that it is for Rs.15 lakhs.
7.Both from the pleadings and evidence, it is seen that the
deceased had borrowed the motor cycle from the first respondent,
before the Tribunal. Without the involvement of any other vehicle,
he lost his speed, as he drove the vehicle in a high speed and
dashed against the foot-steps of Kaveriamman Koil and fall down
and sustained injury. He is a tort-feasor. There is no employer-
employee relationship between the deceased and the owner of the
vehicle. Since the claim petitioners are the legal representatives of
the deceased, who borrowed the two-wheeler from the owner of
the vehicle, has step into the shoes of the owner of the motor
vehicle and hence, as per the decision in Ram Killadi's case, the
claim petition filed under Section 163(A) of the Motor Vehicles Act
is not maintainable as against the Insurance Company. In view of
the law laid down by the Honourable Supreme Court in the decision
cited supra and in view of the fact that no premium was paid for
the Personal Accident Policy Coverage, this Court has no other
option except to allow the appeal filed by the Insurance Company
and hence, the appellant/Insurance Company is exonerated from its
4/7
https://www.mhc.tn.gov.in/judis
liability to pay compensation to the claimants. It is open to the claim
petitioners to proceed against the owner of the vehicle to realise the
award amount, by following due process of law.
8.It is represented by the learned counsel appearing for the
appellant/Insurance Company that 50% of the award amount has
already been deposited to the credit of the claim petition. In view of
the fact that, as per this judgment, the appellant/Insurance
Company is exonerated from its liability to pay compensation to the
claimant/s, the Tribunal is directed to refund the award amount so
deposited to the appellant/Insurance Company with proportionate
accrued interest, on filing necessary application.
9.With the above observations, the Civil Miscellaneous Appeal
is allowed. No costs. Consequently, connected Miscellaneous Petition
is closed.
25.03.2022
Index:Yes/No
Internet:Yes/No
vsn
5/7
https://www.mhc.tn.gov.in/judis
To
1.The Motor Accidents Claims Tribunal,
6th Additional District Court,
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
6/7
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN.,J.
vsn
PRE-DELIVERY JUDGMENT IN
C.M.A(MD)No.984 of 2021
and
C.M.P(MD)No.9279 of 2021
25.03.2022
https://www.mhc.tn.gov.in/judis
