Madras High Court
Reliance General Insurance Co. ... vs Murugeswari on 26 April, 2022
C.M.A. No.2234 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. No.2234 of 2019
and CMP.No.9513 of 2019
Reliance General Insurance Co. Ltd.
Rep. by its Branch Manager,
Officers Lane, Opp. Lakshmi Theatre,
Vellore. ...appellant
Vs.
1. Murugeswari
2. Minor. Sabarinath
3. Sathiya
4. Malarkodi
5. Loganathan
6. Arusamy ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act, against the judgment and decree dated 05.07.2017 made
in MCOP.No.301 of 2010 on the file of the Motor Accidents Claims
Tribunal, Sub Court, Gudiyatham.
For appellant : Mr.S.Arun Kumar
For respondents
for RR1 to 5 : Mr.K.A.Ravindran
for R6 : Mr.R.Prabakar
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C.M.A. No.2234 of 2019
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J]
This appeal is directed against the judgment and decree dated
05.07.2017 made in MCOP.No.301 of 2010 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Gudiyatham.
2. The legal heirs of the deceased Vijaya Kumar filed the claim
petition seeking compensation of Rs.30,00,000/- alleging that the deceased
died due to the negligence of the driver of the first respondent therein
insured with the second respondent/Insurance company. Hence, both are
liable to pay compensation. The claim was resisted mainly contending that
the vehicle had no coverage. But the Tribunal while awarding a sum of
Rs.16,87,000/- fastened the liability on the Insurance Company/appellant.
Assailing the same, the present appeal has been filed.
3. The learned counsel appearing for the appellant Mr.S.Arun Kumar
would urge that the accident had taken place on 05.08.2010. On the date of
the accident, the offending vehicle has no insurance coverage. He further
added that the Cover Note was issued on 06.08.2010 and insurance policy
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C.M.A. No.2234 of 2019
came to be issued on 07.08.2010 and in the policy, it has been clearly stated
that the vehicle will have coverage of policy from 07.08.2010 to
06.08.2011. Hence, the finding making the appellant Insurance Company, is
liable to pay compensation cannot be sustained.
4. Per contra, the learned counsel appearing for the respondents 1 to 5/
claimants Mr.K.A.Ravindran would submit that Ex.P6 Cover Note was
issued on 05.08.2010 at 10.00 am, covering the period from 05.08.2010 to
04.08.2011. Since the accident occurred on 05.08.2010 at 8.00 p.m., the
Insurance Company is liable to indemnify the loss sustained by the owner
of the vehicle.
5. This appeal has been filed only challenging the liability, therefore
the other issues are not dealt with herein.
6. Perusal of Ex.P6 and Ex.R1 would reveal that for the vehicle
bearing Registration No.TN-40-Z-2464, the appellant issued the Cover
Note on 05.08.2010 covering the period from 10.00 a.m. on 05.08.2010 to
04.08.2011. Indisputably, the accident had occurred on 05.08.2010 at
8.00 p.m. In the Insurance Policy, which was marked as Ex.R1, the Cover
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C.M.A. No.2234 of 2019
Note number has been mentioned as 110000095745.
7. The contention of the learned counsel for the appellant is that they
issued notice to the insurer to produce the original coverage for the reason
that the copy of the Cover Note was already produced by the claimant.
Hence, the burden of proof is on the appellant to establish that the Cover
Note Ex.P6 does not cover the period from 10.00 a.m. on 05.08.2010. But
the appellant failed to produce the copy of the Cover Note and the Register
to establish their case.
8. Hence, we find no merit in the appeal. The appeal fails and the
same stands dismissed as devoid of merits. The award of the Tribunal is
confirmed. No costs. Consequently, connected miscellaneous petition is
closed.
[M.K.K.S, J] [V.S.G., J]
26.04.2022
Index : Yes / No
Speaking order: Yes/No
pvs
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C.M.A. No.2234 of 2019
To
1. The Sub Court, Gudiyatham
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.2234 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. No.2234 of 2019
26.04.2022
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