Madras High Court
Durai vs C.Murugesan on 4 March, 2022
C.M.A.No.159 of 2019
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 04.03.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.159 of 2019
Durai ... Petitioner/Appellant
Vs.
1.C.Murugesan
2.United India Insurance Company Limited,
Villupuram branch,
Villupuram. … Respondents/Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act against the Award and Decree dated 10.08.2012 in
M.C.O.P.No.118 of 2007 on the file of the learned II Additional
Subordinate Judge, Motor Accidents Claims Tribunal, Villupuram.
For Appellant : Mr.C.Munusamy
For Respondents : Mr.M.J.Vijayaraghavan for R2
R1- Served – No appearance
1/6
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C.M.A.No.159 of 2019
JUDGMENT
The claimant has filed the above appeal challenging the order
passed by the learned II Additional Subordinate Judge, Motor
Accidents Claims Tribunal, Villupuram, directing the 1st respondent
alone to pay the compensation.
2.The contention of the appellant is that the Tractor has been
insured with the 2nd respondent Insurance Company and since there is a
valid policy the Tribunal ought to have directed the 2nd respondent to
pay the compensation and recover the same from the 1st respondent
since it is only the violation of the terms of the policy.
3.The learned counsel for the respondent would contend that the
vehicle involved in the accident is a Tractor and the insurance covers
only one person whereas it is the case of the claimant himself that he
was riding in the Tractor along with the driver. Therefore, it is a
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C.M.A.No.159 of 2019
violation of the Permit conditions as well as the terms of the insurance
policy. The claimant is a gratuitous passenger. Therefore, the Tribunal
has rightly held that the 2nd respondent is not liable to indemnify the 1st
respondent.
4.The learned counsel for the claimant would submit that in an
unreported Judgment of the Hon'ble Supreme Court in Civil Appeal
Nos.8278 – 8279 of 2018 dated 05.09.2018 in Shivaraj v. Rajendra
and another, a similar situation arose and the Hon'ble Supreme Court
has held that the Insurance Company shall pay the compensation and
recover from the owner of the offending vehicle.
5.The learned counsel for the respondent would submit that this
is a case where the claimant has not travelled in the Tractor as a
gratuitous passenger and as per the terms of the Insurance Policy, four
persons other than the driver was insured and it included both the
Tractor as well as a Trailer in which the passenger was travelling.
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C.M.A.No.159 of 2019
6.Heard the learned counsel for the appellant and the learned
counsel for the 2nd respondent and perused the papers.
7.The Judgment relied upon by the learned counsel for the
appellant would not come to his aid since that is the case where the
vehicle involved a Tractor as well as a Trailer and the insurance cover
was for the driver and 4 persons.
8.In the instant case, the insurance cover is for only one person.
Therefore, the Tribunal has rightly rejected the claim against the
Insurance Company. I do not find any reason to interfere with the
order passed by the Tribunal. Accordingly, this Civil Miscellaneous
Appeal is dismissed. This Civil Miscellaneous Appeal is also
dismissed as against the Insurance Company.
9.Consequent to the dismissal of the appeal, the 1st respondent
C.Murugesan is directed to deposit the entire award amount (including
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C.M.A.No.159 of 2019
interim award passed if any) with proportionate accrued interest and
costs, if not deposited earlier, to the credit of M.C.O.P.No.118 of 2007
on the file of the learned II Additional Subordinate Judge, Motor
Accidents Claims Tribunal, Villupuram, within a period of four weeks
from the date of receipt of a copy of this order. On such deposit, the
appellant Mr.Durai is permitted to withdraw the entire award amount
with proportionate accrued interest and costs, by making necessary
applications. No costs.
04.03.2022
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
mps
To
The II Additional Subordinate Judge,
Motor Accidents Claims Tribunal,
Villupuram.
https://www.mhc.tn.gov.in/judis
C.M.A.No.159 of 2019
P.T. ASHA, J,
mps
C.M.A.No.159 of 2019
04.03.2022
https://www.mhc.tn.gov.in/judis
