Madras High Court
M/S.National Insurance Company ... vs Rangamma on 6 October, 2021
CMA.No.3007 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 3007 of 2007
M/s.National Insurance Company Ltd.,
Mettupalayam Branch, R.V.R. Building,
(First Floor) 157, Karamadai,
Mettupalayam. ... Appellant
Vs.
Rangasamy (Died)
1. Rangamma
2.K. Venkatachalapathi
3.Muthuselvan ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree passed in MACT
O.P. No.72 of 1993, on the file of the Motor Accidents Claims Tribunal,
District Judge, Udhagamandalam, Nilgiris District, Dated 16.04.2007.
For Appellant : Mrs. B. Surekha
For Respondents : R1 to R3 - No Appearance
JUDGMENT
This Appeal has been filed by the Insurance Company challenging
its liability to pay the compensation under the impugned award dated
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CMA.No.3007 of 2007
16.04.2007 passed by the Motor Accident Claims Tribunal, District
Judge, Udhagamandalam in M.C.O.P. No.72 of 1993.
2. Heard, Mrs. B. Surekha, learned counsel for the Appellant.
3. The Appellant has challenged the impugned award on the
ground that since the deceased is himself the insured, the claimants who
are his dependants are not entitled for any compensation. According to
them, the Tribunal under the impugned award has erroneously awarded
compensation to the respondent/ claimant. In support of the contentions
raised by the Appellant in this Appeal, learned counsel for the Appellant
drew the attention of this Court to the following authorities :
i) Naveen Kumar Vs Vijay Kumar & Others reported
in CDJ 2018 SC 071 and
ii) TATA AIG General Insurance Company Limited
vs Govindarajan and 2 others, decision of a Single Bench of
this Court dated 10.09.2020 passed in CMA No.4862 of 2019.
4. Learned counsel for the Appellant also drew the attention of this
Court to Paragraph No.14 of the impugned award, where a categorical
finding has been given by the Tribunal stating that the registration
certificate for the insured vehicle stands in the name of one A. Arul, who
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CMA.No.3007 of 2007
is the insured and who is the deceased and for whom compensation has
been claimed by his dependants in M.C.O.P. No. 72 of 1993 which is the
subject matter of this Appeal. As seen from the impugned award, the
accident happened on 01.09.1992 and on the date of the accident the
Registration Certificate for the insured vehicle stood only in the name of
the insured (A. Arul) and only thereafter, after his death, it was
transferred in the name of his mother with effect from 02.09.1992 and
thereafter in the name of the second respondent, Muthuselvan with effect
from 19.12.1993. Therefore, it is very clear that the deceased cannot be
considered to be a third party as he himself is the insured.
5. The Appellant /Insurance Company is statutorily liable to pay
the compensation only if the conditions stipulated under Section 147 of
the Motor Vehicles Act have been satisfied.
6. In the case on hand, the conditions have not been satisfied and
therefore, the Insurance Company is not statutorily liable to pay the
compensation as the deceased himself is the insured and is not a third
party.
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CMA.No.3007 of 2007
7. The decisions relied upon by the learned counsel for the
Appellant referred to supra also supports the Appellant's case.
8. For the foregoing reasons, this Court is of the considered view
that erroneously, the Tribunal has fastened the liability on the Appellant
Insurance Company under the impugned award. Hence, the impugned
award dated 16.04.2007 passed by the learned District Judge, Motor
Accidents Claims Tribunal, Udhagamandalam, Nilgiris District in
MCOP No.72 of 1993, is hereby set aside as against the appellant /
Insurance Company and the Civil Miscellaneous Appeal is allowed. No
costs.
06.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
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CMA.No.3007 of 2007
To
1. The District Judge,
Motor Accidents Claims Tribunal,
Udhagamandalam,
Nilgiris District
2. The Section Officer,
V.R. Section,
High Court, Madras.
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CMA.No.3007 of 2007
ABDUL QUDDHOSE, J.
ab
CMA.No.3007 of 2007
06.10.2021
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