Icici Lombard General Insurance ... vs K.Raju
2022 Latest Caselaw 5980 Mad

                                                                   C.M.A(MD).No.523 of 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 24.03.2022

                                                     CORAM:

                           THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                          C.M.A(MD)No.523 of 2021
                                                    and
                                          C.M.P(MD).No.4830 of 2021

                     ICICI Lombard General Insurance Company Limited,
                     Through its Branch Manager,
                     Having its office at 2, 3rd Floor,
                     Chottabai Center,
                     Nungambakkam High Road,
                     Chenni-600 034.                    :Appellant/Second respondent

                                              .vs.

                     1.K.Raju
                     2.Pothumponnu
                     3.Kumareswari,
                     4.Minor.Thirukumaran
                       S/o.Raju
                     5.Minor.Manikakumar
                       S/o.Raju

                      (Minor 4th and 5th respondents represented through their Mother and
                     Natural Guardian 2nd Respondent herein)

                     6.Yoga and Company
                       through its Managing Director,
                       Having its office at D.No.1/354-2,
                       Ramasamy Nagar,
                       Thirumalpuram Post,
                       Madurai-625 104.                         ..... Respondent


                     1/6
https://www.mhc.tn.gov.in/judis
                                                                             C.M.A(MD).No.523 of 2021

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, to call for the records pertaining to the Fair and
                     Decreetal order passed by the Motor Accident Claims Tribunal
                     Judge/Subordinate Judge, Aruppukottai in M.C.O.PNo.17 of 2016 dated
                     20.11.2020 and set aside the same by allowing the appeal.


                                        For Appellant          : Mr.P.Pethu Rajesh
                                        For Respondent        : Mr.S.J.Chakkaravarthy
                                                                For R1 to R5
                                                                No appearance for R6


                                                     JUDGMENT

*************

This Civil Miscellaneous Appeal is filed by the ICICI Lombard

General Insurance Company Limited, challenging, the judgment and

decree passed in M.C.O.P.No.17 of 2016, on the file of the Motor

Accident Claims Tribunal/Subordinate Judge, Aruppukottai.

2. The brief case of the respondents/claimants, is as follows:

(i) The deceased was aged 19 years on the date of the accident and

was working as cleaner in the JCB owned by the first respondent before

the Tribunal, which is insured with the second respondent. The claimants

are parents and the siblings of the deceased.

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.523 of 2021

(ii) On 22.09.2012, JCB bearing Registration No.TN-59-AP-7696

was levelling Suresh's land, in which, the deceased was travelling as a

cleaner in the said JCB. By that time, suddenly, the JCB was overturned

and the deceased fell down and the JCB ran over him. Hence, the

deceased got grievous injuries and died on the spot. According to the

respondents/claimants, the rash and negligent driving of the driver of the

JCB was the cause of the accident, and that, since the said JCB belonged

to the first respondent and the same is insured with the second

respondent, they are jointly and severally liable to pay compensation of

Rs.15,00,000/- (Rupees Fifteen Lakhs only) to them.

3.The first respondent remained absent before the Tribunal and

therefore, he was set ex-parte. The ICICI LOMBORD General Assurance

Company Limited contested the claim petition. The learned Tribunal,

after analysing the evidence on record, awarded a compensation of

Rs.15,90,800/- (Rupees Fifteen Lakhs Ninety Thousand and Eight

Hundred only) together with interest at the rate of 7.5% per annum to the

respondents/claimants. Aggrieved over the quantum of compensation

awarded by the Tribunal, the ICICI LOMBORD General Insurance

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.523 of 2021

Company has filed the present appeal under Section 173 of the Motor

Vehicles Act, 1988.

4.Heard both sides and perused the materials available on records.

5. A perusal of Ex.R2/Policy copy clearly shows that there is no

policy coverage for cleaner in the JCB and therefore, I have no hesitation

to hold that the cleaner is not covered under the policy. Hence, the

respondents/claimants are not entitled to claim compensation from the

appellant/Insurance Company and the Insurance Company is exonerated

from its liability to pay compensation to the respondents/claimants and

the respondents/claimants shall recover the award amount from the

owner of the vehicle.

In the result, this Civil Miscellaneous Appeal is allowed. No Costs.

Consequently, the Connected Miscellaneous Petition is closed.

24.03.2022

Index:Yes/No Internet:Yes/No tta

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.523 of 2021

To

1.The Motor Accident Claims Tribunal Judge, Subordinate Judge, Aruppukottai

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

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.523 of 2021

RMT.TEEKAA RAMAN.,J.

tta

JUDGMENT MADE IN C.M.A(MD)No.523 of 2021

24.03.2022

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