The New India Assurance Company ... vs Sandhya
2022 Latest Caselaw 8320 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 20.04.2022

                                                       CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                            C.M.A(MD)No.1148 of 2014
                                                      and
                                             C.M.P(MD)No.40 of 2022

                     The New India Assurance Company Limited,
                     represented by its Manager,
                     Branch at Nagercoil,
                     Agasteeswaram Taluk,
                     Kanyakumari District        :Appellant/Respondent


                                                .vs.


                     1.Sandhya,

                     2.Saraswathy Amma

                     3.Sivasankar

                     (Name of third respondent is amended and he is declared as
                     major by removing his guardianship vide order of this Court
                     made in C.M.P(MD)Nos.35 and 38 of 2022 in C.M.A(MD)No.
                     1148 of 2014, dated 23.3.2022)
                                                  :Respondents/Petitioners



                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act         against the judgment and decree made
                     M.C.O.P.No.3 of 2011, dated 8.3.2012, on the file of the subordinate
                     Judge(Motor Accidents Claims Tribunal), Padmanabhapuram.


                     1/5
https://www.mhc.tn.gov.in/judis
                                         For Appellant             :Mr.S.Ramesh

                                         For Respondents           :Mr.G.Pitchaimani
                                               1 to 3               for Mr.K.N.Thampi

                                                      JUDGMENT

*********

This Civil Miscellaneous Appeal is directed against the

judgment and decree made M.C.O.P.No.3 of 2011, dated 8.3.2012,

on the file of the sub-ordinate Judge(The Motor Accidents Claims

Tribunal), Padmanabhapuram.

2.The short point that arose for consideration is whether the

Insurance coverage is available for the claim made in M.C.O.P.No.3

of 2011?

3.The deceased is the owner of the vehicle. The claim

petitioners are the legal representatives of the deceasaed, who

travelled in the car as an occupant. The vehicle met with an

accident and husband of the first claim petitioner died in the

accident.

4.The Insurance Company filed a counter statement before

the Tribunal stating that at the time of accident, as per Ex.R1-

https://www.mhc.tn.gov.in/judis Policy, it is only an Act-I Policy, covering only third party claim and

not an occupant of the car. The admitted factual position is that the

deceased travelled in the car as an occupant.

5.I had perused the Ex.R1 Policy copy. I find that it is a

Standard Private Car-Liability Policy. Premium for the basic third

party liability is paid and hence, I find that for the occupant of the

car, there is no policy coverage and hence, the Insurance Company

cannot be mulcted with the liability and hence the

appellant/Insurance Company is exonerated from its liability to pay

compensation to the claimants and the claimants are not entitled for

any compensation from the appellant/Insurance Companyand hence

the M.C.O.P.No. 3 of 2011, on the file of the subordinate

Judge(Motor Accidents Claims Tribunal), Padmanabhapuram stands

dismissed.

6.The Civil Miscellaneous Appeal is allowed to the extent as

indicated above.No costs.Consequently, connected Misellaneous

Petition is closed.

20.04.2022

https://www.mhc.tn.gov.in/judis Index:Yes/No

Internet:Yes/No

vsn

To

1.The Motor Accidents Claims Tribunal, Subordinate Judge, Padmanabhapuam.

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

https://www.mhc.tn.gov.in/judis RMT.TEEKAA RAMAN.,J.

vsn

JUDGMENT MADE IN C.M.A(MD)No.1148 of 2014 and C.M.P(MD)No.40 of 2022

20.04.2022

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