M/S. Oriental Insurance Company ... vs Murugan .. 1St
2021 Latest Caselaw 4999 Mad

                                                                           C.M.A(MD) No.1632 of 2010


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 25.02.2021

                                                      CORAM

                          THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                              C.M.A(MD) No.1632 of 2010
                                                        and
                                                M.P(MD)No.1 of 2010


                      M/s. Oriental Insurance Company Ltd.,
                      rep. by its Branch Manager,
                      G.H.Road,
                      D.No.565/1, Theni Town,
                      Theni District.                    .. Appellant/2nd Respondent

                                                      vs.

                      1.Murugan                             .. 1st Respondent/Claimant

                      2.Singaravel                          .. 2nd Respondent/1st Respondent

                      Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
                      Vehicles Act 1988, to set aside or modify the order of the Tribunal in
                      M.C.O.P.No.174 of 2007 dated 27.11.2009 on the file of the Motor
                      Accident Claims Tribunal (Sub Judge), Srivilliputhur, Virudhunagar
                      District and allow the appeal with costs.
                                     For Appellant    : Mr.S.Veeranasamy
                                     For R2           : Mr.G.Aravinthan
                                     For R1           : No appearance


                      1/6

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                                                                        C.M.A(MD) No.1632 of 2010




                                                   JUDGMENT

The facts in brief:-

This is a case of injury. The first respondent herein, namely,

Murugan, filed a claim petition for a sum of Rs. 2,00,000/- as

compensation. The Tribunal has awarded a sum of Rs.15,000/-.

Challenging the same, present appeal has been filed by the Insurance

Company.

2. The injured claimant was one among the passenger in a tractor

attached with trailer bearing Registration No.TN-72-W-4744 and TN-72-

W-4745 used on 03.07.2006 for carrying Sugar-cane. The case of the

claimant is that it was driven in a rash and negligent manner and it

capsized, thereby, he sustained injury.

3. The appellant contensted the claim petition stating that the

claimant was a unauthorised passenger in a transport vehicle and there

was no coverage to indemnify the owner and hence, they cannot be

mulcted with liability.

http://www.judis.nic.in C.M.A(MD) No.1632 of 2010

4. A perusal of the records shows that the driver, who was

examined as R.W.1, has admitted in his evidence that apart from the

claimant, 5 other persons were also travelled on the Sugar-cane load in

the trailer, but nothing was produced to show that their liability is

covered under the policy. The Tribunal, having come to the conclusion

that the claimant was a unauthorised passenger in a transport vehicle,

directed the insurance company to satisfy the award amount and

thereafter, recover from the owner of the vehicle.

5. It is well settled that the persons travelling in a transport goods

vehicle as gratuitous passengers or his legal heirs are not entitled to claim

compensation from the Insurance Company. The Division Bench of this

Court in Bharati AXA General Insurance Co., Ltd., rep. by its Manager

vs. Aandi and 2 others reported in 2018(2) TN MAC 731 (DB) set aside

the order of the Tribunal directing the Insurance Company to pay and

recover from the owner of the vehicle. Hence, I am of the opinion that

the appellant Insurance Company is entitled to succeed in this appeal.

Insofar as the quantum is concerned, the award of the Tribunal is

confirmed and only with regard to liability of the Insurance Company

http://www.judis.nic.in C.M.A(MD) No.1632 of 2010

alone is set aside. It is open to the claimant to recover the amount

awarded by the Tribunal from the owner of the vehicle.

6. Accordingly, this Civil Miscellaneous Appeal is allowed.

7. If any amount is deposited by the Insurance Company to the

credit of the claim petition, the same shall be refunded to the

appellant/Insurance Company, if the same is not withdrawn by the

claimant. No costs. Consequently, connected miscellaneous petition is

closed.

                      Index:Yes/No
                      Internet:Yes/No                                      25.02.2021
                      am

                      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.

http://www.judis.nic.in C.M.A(MD) No.1632 of 2010

To

1.The Motor Accident Claims Tribunal (Sub Judge), Srivilliputhur, Virudhunagar District

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

http://www.judis.nic.in C.M.A(MD) No.1632 of 2010

K.KALYANASUNDARAM,J.

am

JUDGMENT MADE IN

C.M.A(MD) No.1632 of 2010

25.02.2021

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