Madras High Court
The New India Assurance Company ... vs Maheswari on 26 April, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.594 of 2019
and
C.M.P(MD).No.7305 of 2019
The New India Assurance Company Limited,
Rep. through its Divisional Manager,
248-B, Kamarajar Salai,
Rekha Towers,
Madurai.
... Appellant
vs.
1.Maheswari
2.Rathimannan ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988, to set aside the decree and judgment dated 01.03.2019
made in M.C.O.P.No.718 of 2016 on the file of Special Sub Judge,
Madurai.
For Appellant : A.Ilango
For Respondents : Mr.A.Thedrthar for R1
1/5
https://www.mhc.tn.gov.in/judis
JUDGMENT
************
The Issurance Company is the appellant herein.
2. A short point involved in this case is that the Insurance
Company is liable to pay the compensation as awarded by the Tribunal.
3. Ex.R1 is the Act one Policy. It is settled law that in case of the
comprehensive /package policy of a two wheeler covers a pillion rider
and comprehensive/package policy of a private car covers the occupants
and when the vehicle is covered under a comprehensive/package policy,
there is no need for Motor Accident Claims Tribunal to go into the
question whether the Insurance Company is liable to compensate for the
death or injury of a pillion rider on a two wheeler or the occupants in a
private car.
4. As per the judgment reported in 2013 ACJ 199 in the case of
National Insurance Company Limited Vs.Balakrishnan and another,
the Insurance Company is not liable to pay the compensation to the
2/5
https://www.mhc.tn.gov.in/judis
claimants, if the policy is Act only.
5.On perusal of Ex.R1/policy copy shows that it is Act one policy.
It is settled law that in case of comprehensive/package policy of two
wheeler it covers pillion rider and also the Comprehensive/package
policy of a private car covers the occupants also in other words when the
vehicle is covered under comprehensive/package policy there is no need
for Motor Accident Claims Tribunal to go into the question whether the
Insurance Company is liable to pay the compensate for the death or
injury of the pillion rider on a two wheeler or the occupants in a private
car.
6.As per the decision reported in 2013 ACJ 199 in the case of
National Insurance Company Limited Vs.Balakrishnan and another,
the Insurance Company is not liable to pay the compensation to the
claimants, if the policy is Act only. In the instant case, ExA1/policy is
the Act one policy. Therefore, the Insurance Company cannot be mulcted
with any liability to pay the compensation and hence, the Insurance
Company is exonerated from the liability. The claim petitioner is proceed
against the owner of the vehicle for realization of the award amount.
3/5
https://www.mhc.tn.gov.in/judis
6.In the result, this Civil Miscellaneous Petition is partly allowed
to the limited extend of exoneration of Appellant/Insurance company.
Consequently, the connected Miscellaneous Petition is closed.
..
26.04.2022
Index:Yes/No
Internet:Yes/No
To
1.The Special Sub Judge,
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
4/5
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN.,J.
tta
JUDGMENT MADE IN
C.M.A(MD)No.594 of 2019
26.04.2022
https://www.mhc.tn.gov.in/judis
