Madras High Court
The Manager vs K.Selvagnanapalani @ Palani on 8 September, 2021
C.M.A.No.2198 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2198 of 2021 &
CMP.No.12162 of 2021
The Manager,
M/s. Iffco Tokio General Insurance Company Limited,
Third Party Claims Cell,
Old No.195, New No.28,
1st and 2nd Floor, North Usman Road,
T.Nagar, Chennai – 600 017. ... Appellant
Vs
1.K.Selvagnanapalani @ Palani
2.P.Devarajan ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the judgment and decree made in MCOP.No.403 of
2007 dated 04.01.2020 on the file of the Motor Accident Claims Tribunal,
Principal Subordinate Court, Kancheepuram.
For Appellant : Ms.Harini
for Mr.N.Vijayaraghavan
For Respondent 1 : No appearance
1/5
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C.M.A.No.2198 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Insurance
company challenging the award dated 04.01.2020 passed by the Motor
Accident Claims Tribunal (Principal Subordinate Court, Kancheepuram) in
MCOP.No.403 of 2007.
2. The Appellant Insurance Company has challenged the impugned
award only on the ground that the first respondent/claimant was an
unauthorised passenger in the insured goods vehicle.
3. The learned counsel for the Appellant Insurance company submits
that in an appeal filed by the Appellant Insurance Company questioning its
liability challenging the award passed in MCOP.No.421 of 2007 involving
another claim pertaining to the very same accident, this Court had rejected
the contention of the Appellant and dismissed the Appeal by its Judgement
dated 11.09.2020. Since this appeal also pertains to the very same accident
and the first respondent/claimant was also travelling in the very same
insured goods vehicle, the findings given by this Court in the connected
appeal CMA.No.2923 of 2019 also holds good for this case also.
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C.M.A.No.2198 of 2021
4. Therefore, there is no merit in this appeal and accordingly, this
appeal is dismissed. The Appellant Insurance Company is directed to deposit
the amount awarded by the Tribunal after deducting the amount already
deposited if any together with interest from the date of claim till the date of
realisation and cost to the credit of MCOP.No. 403 of 2007 within a period
of four weeks from the date of receipt of a copy of this Judgment. On such
deposit being made, the Tribunal shall transfer the amount lying to the credit
of MCOP.No.403 of 2007 to the bank account of the first
respondent/claimant directly through RTGS within a period of one week
thereafter. No costs. Consequently, connected miscellaneous petition is
closed.
5. At this juncture, the learned counsel for the Appellant would point
out that the subject insurance policy gives coverage only for three coolies
(labourers) and therefore, the Appellant Insurance Company is liable to pay
compensation only for three coolies apart from the driver and therefore, she
would submit that if at all any further claims are made against the Appellant
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C.M.A.No.2198 of 2021
Insurance Company in respect of the very same accident, the claims cannot
exceed three in number including two claims which have already been
disposed of including the present claim. Even though this appeal is
dismissed, the said submission is recorded by this Court.
08.09.2021
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Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
To
1. The Principal Subordinate Court, Kancheepuram
2.The Section Officer, V.R.Section, High Court of Madras.
http://www.judis.nic.in
C.M.A.No.2198 of 2021
ABDUL QUDDHOSE, J.
nl
C.M.A.No.2198 of 2021
08.09.2021
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