Madras High Court
M/S Universal Sampo General vs N.Malini on 28 September, 2021
C.M.A.No.1416 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.1416 of 2019
and
C.M.P.No.3991 of 2019
M/s Universal Sampo General
Insurance Company Ltd.,
Express IT Park Plot No.E.L.94
TTC Industrial Area
MIDC Mahape Navi
Mumbai. ... Appellant in CMAs
Vs.
1.N.Malini
2.Minor N.Sabarish
3.Minor N.Girish
(Minors rep. by their mother/
N/F, first respondent)
4.N.Abilash
5.A.Venkatesan
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1416 of 2019
6.United India Insurance Company Ltd.,
Branch Office,
Sankagiri. ... Respondents
PRAYER: Civil Miscellaneous Appeals are filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Judgment and Decree dated 19.01.2018 made
in MCOP No.281 of 2010 on the file of the Motor Accident Claims Tribunal
(Subordinate Court) at Sankagiri.
For Appellant : Ms.R.Sree Vidhya
For Respondents : Mr.S.P.Yuvaraj (for R1)
Mr.S.Arunkumar (for R6)
No appearance for R5
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This appeal arises out of the Judgment and Decree passed by the Motor
Accident Claims Tribunal (Subordinate Court) at Sankagiri in MCOP No.281 of
2010 dated 19.01.2018.
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C.M.A.No.1416 of 2019
2.The case of the claimants is that on 25.12.2009 at 04.00 p.m, the first
claimant's husband, deceased Narayanakutty was driving a TATA Indica car
bearing Reg. No.TN-38-AV-9420 from Sathyamangalam to Coimbatore. In the
said car, four other passengers also travelled. When the said car nearing
Vinnappalli, a Lorry bearing Reg.No.TN-20-5755, which came from the opposite
direction in a rash and negligent manner, dashed against the car. In the accident,
Driver Narayanakutty and two others died on the spot and others were sustained
grievous injuries. Alleging that the accident had taken place due to the rash and
negligent driving of the driver of the lorry, the legal heirs of the deceased
Narayanakutty laid a petition, claiming compensation of Rs.20,00,000/-.
3.Resisting the claim, the 6th respondent/Insurance Company filed their
counter disputing the manner of accident, age, avocation and income of the
deceased and its liability to pay the compensation. Further, in the counter, it is
has been specifically stated that the accident had been occurred by the driver of
the car and since the said car has been insured with the appellant insurance
company, they are liable to pay compensation.
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C.M.A.No.1416 of 2019
4.Further, the appellant Insurance Company also filed their counter
disputing the manner of accident, age, avocation and income of the deceased and
its liability to pay the compensation.
5.To substantiate the case, on the side of the claimants, P.W.1 was
examined and Exs.P1 to Ex.P.13 were marked. On the side of the
appellant/Insurance Company, R.W.1, one Rajarathinam was examined and Ex.R1
was marked.
6.The Tribunal, after considering the oral and documentary evidence, held
that the driver of the car, namely, the deceased responsible for the accident and
awarded compensation of Rs.22,61,000/- to the claimants. Assailing the award,
the appellant Insurance Company has filed the present appeal.
7.The learned counsel for the appellant Insurance Company Mrs.R.Sree
Vidhya would contend that the Tribunal has not appreciated the scope of the
insurance coverage extended by an insurer to the owner of a motor vehicle under
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C.M.A.No.1416 of 2019
a Motor Insurance Policy. Under a motor insurance policy, the law requires the
insurer to insure the owner of the motor vehicle only against any liability which
may be incurred by him in respect of the death of bodily injury caused to any
third party arising out of the use of his vehicle. But his own risk is not required
to the covered under such a policy. But the insurance companies usually extend
personal accident cover to the insured to an extent of Rs.2,00,000/- by collecting
additional premium for that purpose. That is what has been done in this matter.
So, even if the appellant Insurance Company is liable to pay the compensation,
then they are liable to pay only to the extent of Rs.2,00,000/-. But, the Tribunal
has completely lost sight of this position and has erroneously fastened entire
liability upon the appellant.
8.Per contra, the learned counsel appearing for the claimants
Mr.S.P.Yuvaraj submitted that the impugned Judgment and Decree awarding the
aforesaid compensation is well reasoned and it requires no interference and
therefore, this Civil Miscellaneous Appeal is liable to be dismissed.
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C.M.A.No.1416 of 2019
9.In the case on hand, admittedly, the deceased Narayanakutti himself is a
tort-feasor and therefore, the claimants are not entitled for compensation from the
appellant Insurance Company and the appellant is not liable to indemnify the
insured. But, since the policy has personal accident cover to the tune of Rupees
Two Lakhs, the claimants are entitled to Rs.2,00,000/- only. Therefore, the award
amount of Rs.22,61,000/- is reduced to Rs.2,00,000/-, which will carry interest at
the rate of 7.5% per annum from the date of the claim petition till the date of
realization.
10.In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed and the Judgment and Decree dated 19.01.2018 made in MCOP No.281
of 2010 on the file of the Motor Accident Claims Tribunal (Subordinate Court) at
Sankagiri is modified as indicated above. The appellant/Insurance Company is
directed to deposit the modified award amount with accrued interest and costs,
less the amount already deposited, if any, within a period of eight weeks from the
date of receipt of a copy of this order. On such deposit, the first claimant is
permitted to withdraw the deposited amount, less the amount already withdrawn,
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C.M.A.No.1416 of 2019
if any, together with proportionate interest and costs. No costs. Consequently,
connected miscellaneous petitions are closed.
[M.K.K.S.,J.] [V.S.G.,J.]
28.09.2021
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
Sub-Court, Sankagiri.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1416 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.1416 of 2019
and
C.M.P.No.3991 of 2019
28.09.2021
https://www.mhc.tn.gov.in/judis
