The Divisional Manager vs Muthumani ...1St
2022 Latest Caselaw 6619 Mad

                                                                        C.M.A(MD).No.1365 of 2011

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 30.03.2022

                                                      CORAM:

                             THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN

                                              C.M.A(MD).No.1365 of 2011
                                                        and
                                                M.P(MD).No.1 of 2011


                  The Divisional Manager,
                  The United India Insurance Company Limited,
                  Goodshed Street,
                  Madurai.                                ...Appellant/3rd respondent


                                                         Vs.


                  1.Muthumani                           ...1st respondent/petitioner
                  2.P.Monanmani                         ... 2nd respondent / 1st respondent
                  3.R.Subramani                         ...3rd Respondent/2nd respondent


                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                  Motor Vehicles Act, 1988 against the Judgment and decree dated
                  01.04.2011, in M.C.O.P.No.1650 of 2008 on the file of the Motor
                  Accidents Claims Tribunal(IV Additional Sub Judge, Madurai.


                                  For Appellant    : Mr.G.Prabhu Rajadurai

                                  For R1           : Mr.R.Pon Karthikeyan


https://www.mhc.tn.gov.in/judis
                                                                            C.M.A(MD).No.1365 of 2011




                                                       JUDGMENT

The Insurance Company is the appellant herein. This Civil

Miscellaneous Appeal is filed by the United India Insurance Company

Limited, challenging, the judgment and decree passed in MCOP.No.1650 of

2008, on the file of the Motor Accidents Claims Tribunal, (IV Additional

Sub Judge) Madurai.

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

On 25.01.2007, at about 11.30 hours, near Silaiman at

Thirubuvanam road, while the first respondent/claimant was driving the

second respondent's lorry bearing Registration No.TN-04-A-6889, the

traffic police suddenly stopped the lorry and demanded the licence. While

the first respondent/claimant was getting down from the lorry, he was hit by

the iron rod and fell down from the lorry and met with the accident and he

sustained multiple injuries. Hence, the first respondent/claimant claims

compensation for a sum of Rs.4,00,000/- (Rupees Four Lakhs only).

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.1365 of 2011

3. The appellant/Insurance Company filed counter statement,

wherein it is stated that there is no employer - employee relationship

between the first respondent/claimant and the second respondent/owner of

the vehicle and also stated that the policy of insurance is only a third party

Act policy and not a full coverage policy and in particular, additional

premium is not paid for workmen.

4. The Tribunal has awarded a sum of Rs.1,12,878/- (Rupees One

Lakh Twelve Thousand Eight Hundred and Seventy Eight only) with

interest at 7.5 % per annum. Challenging the same, the Insurance Company

has preferred this appeal on the ground that relationship of the employer

employee was not established in the manner known to law and there is no

policy coverage for the workmen to claim compensation.

5. Considering the fact that the policy is a Act only policy and

premium was not paid under the Workmen Compensation Act and in view

of admitted positions of facts as could be seen the records, the insurance

company is exonerated from its liability and hence, the award passed by the

Tribunal is set aside. The Insurance Company shall pay a sum of Rs.

25,000/- (Rupees Twenty Five Thousand only) towards 'No Fault Liability'.

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.1365 of 2011

6.In the result, this Civil Miscellaneous Appeal is partly allowed

to the extent indicated above. No costs. Consequently, the connected

miscellaneous petition is closed.

30.03.2022

Index : Yes/No Speaking/non-speaking order tta

To

1.The Motor Accidents Claims Tribunal Cum Subordinate Judge, Sivagangail.

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.1365 of 2011

RMT.TEEKA RAMAN, J.

tta

C.M.A(MD).No.1365 of 2011 and M.P(MD).No.1 of 2011

30.03.2022

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