M/S.Reliance General Insurance ... vs J.Saroja
2022 Latest Caselaw 7443 Mad

                                                                              Rev.Aplc.(MD)No.4 of 2022

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 08.04.2022

                                                          CORAM:

                                      THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                                 Rev.Aplc.(MD)No.4 of 2022

                     M/s.Reliance General Insurance Company
                      Limited,
                     Rep. by its Divisional Manager,
                     Sri Meenakshi Plaza,
                     HIG 50, 80 Feet Road,
                     Anna Nagar,
                     Madurai – 625 020.                     ... Petitioner/Appellant

                                                                Vs.


                     J.Saroja                                         ... Respondent/Respondent

                     PRAYER : Review Application filed under Order 47 Rule 1 r/w Section
                     114 of Civil Procedure Code, to review the decree and judgment in
                     C.M.A(MD)No.516 of 2021, dated 30.09.2021.


                                        For Petitioner     : Mr.V.Sakthivel
                                        For Respondent     : Mr.N.Sudhagar Nagaraj

                                                          ORDER

The petitioner filed this Review Application to review the decree

and judgment passed in C.M.A(MD)No.516 of 2021, dated 30.09.2021.

https://www.mhc.tn.gov.in/judis 1 /4 Rev.Aplc.(MD)No.4 of 2022

2.The learned counsel for the petitioner questioned that the

Insurance Company is liable to pay only personal coverage of

Rs.1,00,000/-. But the Tribunal passed an order that the entire liability

on the Insurance Company and this Court is also confirmed the award by

the Court below. Now the learned counsel for the petitioner argued that

the petitioner is liable to pay only Rs.1,00,000/-, since the policy is a

personal coverage policy.

3.Since the deceased is the owner of the vehicle and he drove the

vehicle at the time of accident, so the petitioner/Insurance Company is

liable to pay a sum of Rs.1,00,000/- (Rupees One lakh only) and the

remaining amount compensation is to be paid by the owner.

4.In view of the above, the Review Application is allowed and the

petitioner/Insurance Company is directed to pay a sum of Rs.1,00,000/-

(Rupees One lakh only) and the owner of the vehicle is directed to pay

the remaining amount of compensation. No costs.

08.04.2022 Index :Yes/No Internet:Yes/No vsd

https://www.mhc.tn.gov.in/judis 2 /4 Rev.Aplc.(MD)No.4 of 2022

To

1.The Motor Accident Claims Tribunal/ V Additional District Judge, Madurai.

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

https://www.mhc.tn.gov.in/judis 3 /4 Rev.Aplc.(MD)No.4 of 2022

S.ANANTHI, J.

vsd

Rev.Aplc.(MD)No.4 of 2022

08.04.2022 https://www.mhc.tn.gov.in/judis 4 /4