Madras High Court
P.N.Arumugam vs The Branch Manager on 26 November, 2021
C.M.A.(MD)No.685 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.685 of 2020
P.N.Arumugam ...Appellant/Petitioner
Vs.
The Branch Manager,
United India Insurance Company Ltd.,
54, Maidily Nivas, Palani Road,
Dindigul. ...Respondent/Respondent
PRAYER: Civil Miscellaneous Petition is filed under Section 173 of
M.V.Act, 1988, to set aside the decree and judgment, dated 20.03.2020 made
in M.C.O.P.No.779 of 2017 on the file of the Motor Accident Claims
Tribunal (Special Subordiante Court), Dindigul.
For Appellant : Mr.S.Sankar
For Respondent: Mr.N.Dilipkumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the decree
and judgment, dated 20.03.2020 made in M.C.O.P.No.779 of 2017 on the file
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C.M.A.(MD)No.685 of 2020
of the Motor Accident Claims Tribunal (Special Subordiante Court),
Dindigul on the ground that the claimant is a tort-feasor and hence he cannot
claim for his own claim.
3.The case of the claimant before the Tribunal is that on 04.11.2014 at
about 8.30 a.m. when the petitioner was proceeding in his Hero Honda two
wheeler bearing Registration No.TN-57-AC-3066 on Dindigul to Karur
National Highways from south to north and while he was proceedings near
Vedasandur Bharani Mill, all of a sudden a dog crossed the road from east to
west and due to the same he dashed against the dog and fell down. In the said
accident, the petitioner sustained grievous injuries in all over the body.
Immediately, he admitted in the JCB Hospital, Dindigul and there he was
treated as in-patient from 04.11.2014 to 07.11.2014. On the basis of
complaint given by the petitioner, a criminal case was registered in
Cr.No.324 of 2014 by the Vedasandur Police Station. The accident was
happened only due to the sudden crossing of a dog and the respondent is the
insurer of the said motor-cycle is liable to pay compensation of Rs.1,00,000/-
under Personal Accident Coverage and filed the claim petition in
M.C.O.P.No.779 of 2017 on the file of the Motor Accident Claims
Tribunal/Principal District Court, Dindigul.
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C.M.A.(MD)No.685 of 2020
4.Before the Tribunal, on the side of the claimant, two witnesses were
examined as P.W.1 and P.W.2 and nine documents were marked as Exs.P.1 to
P.9. On the side of the respondent, one witness was examined as R.W1 and
one document was marked as Ex.R1. On the side of witness, two documents
were marked as Ex.X1 and Ex.X2.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondents and also on appreciating the evidences on record, held that there
is no reference that the petitioner has suffered permanent disablement. The
disability suffered by the petitioner is partial permanent one and no
permanent one and dismissed the petition. Against which, the
appellant/claimant has filed this present appeal for seeking compensation.
6.Heard Mr.S.Sankar, learned counsel appearing for the appellant and
Mr.N.Dilipkumar, learned counsel appearing for the respondent and perused
the Insurance Policy.
7.On perusal of records, it shows that the claimant has paid premium
for personal accident coverage subject to maximum limit Rs.1,00,000/-. But
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C.M.A.(MD)No.685 of 2020
even in the policy there is a condition they subject to IMT endorsement the
policy can be valid. Under Section IV of the Form, the terms for P.A. cover
for owner-cum-driver is mentioned. The said Section reads as below:-
''Section IV- PERSONAL ACCIDENT COVER FOR
OWNER-DRIVER
Subject otherwise to the terms and exceptions
conditions and limitations of this policy, the Company undertakes to pay
compensation as per the following scale for bodily injury/death
sustained by the owner-driver of the vehicle in direct connection with
the vehicle insured or whilst mounting into/dismounting from or
traveling in the insured vehicle as a co-driver, caused by violated
accidental external and visible means which independent of any other
cause shall within six calendar months of such injury result in:
Nature of injury Scale of
Compensation
(i)Death 100%
(ii)Loss of two limbs or sight of two eye or one limb 100%
and sight or one eye
(iii)Loss of one limb or sight of one eye 50%
(iv)Permanent total disablement from injuries other 100%
than named above provided always that
8.According to the learned counsel for the respondent Insurance
Company, the present case does not cover under the personal coverage policy
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C.M.A.(MD)No.685 of 2020
condition. But the policy has not specifically contain the conditions in the
IMT Act and also in this case, the claimant has suffered 10% permanent
disability, which was not objected by the insurance company. Rs.1,00,000/-
is subjected permanent total disablement for 100%. The claimant cannot
suffer even paying the premium for personal coverage. The Act is beneficiary
act. So this Court is inclined to fixed R.3,000/- for 1% disability and awarded
Rs.30,000/-, as compensation for the claimant. Eventhough there is
conditions to grant personal coverage for three categories, since the claimant
suffered 10% of personal disablement, this Court awarded Rs.30,000/- as
compensation.
9.In the result, this Civil Miscellaneous Appeal is partly allowed. No
costs. The order, dated 20.03.2020 made in M.C.O.P.No.779 of 2017 passed
by the Motor Accident Claims Tribunal (Special Subordinate Court),
Dindigul is set aside. The appellant is entitled to get Rs.30,000/- (Rupees
Thirty Thousand only) with interest at the rate of 7.5% p.a., from the date of
claim petition till the date of realization. The respondent/United India
Insurance Company limited, is directed to deposit the award amount, now
fixed by this Court, within a period of four weeks from the date of receipt of
a copy of this order. On such deposit, the appellant/claimant is entitled to
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C.M.A.(MD)No.685 of 2020
withdraw the same, by filing necessary application before the Tribunal. No
Costs.
26.11.2021
Index :Yes/No
Internet:Yes/No
vsd
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
1.The Motor Accident Claims Tribunal
(Special Sub-ordiante Court),
Dindigul.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD)No.685 of 2020
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.685 of 2020
26.11.2021
https://www.mhc.tn.gov.in/judis
