Madras High Court
Cholamandalam Ms General vs Gnana Soundarya on 13 October, 2022
C.M.A.No.333 of 2022
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 13.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.333 of 2022
and
C.M.P.No.2234 of 2022
Cholamandalam MS General
Insurance Company Limited
rep. by its Branch Manger,
II Floor, K.K.Towers,
Vaishnavi,
next to Hosur Durga Main Road,
Hosur. ... Respondent/
Appellant
Vs.
1.Gnana Soundarya
2.Minor Navitha
3.Minor Hari Selvam
4.Minor Tamizh Mani
5.Rajamma … Petitioners 1 to 5/
Respondents 1 to 5
(Minors 2 to 4 are represented by their next friend/mother Ms.Gnana
Soundarya)
1/5
https://www.mhc.tn.gov.in/judis
C.M.A.No.333 of 2022
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act against the Award and Decree dated 01.12.2020 in
M.C.O.P.No.207 of 2018 on the file of the learned Special District
Judge, Motor Accidents Claims Tribunal, Krishnagiri.
For Appellant : Mr.T.Sree Vidhya
For Respondents : Mr.M.Selvam for R1
R2 to R4 minors rep. By R1
R5 – Served – No appearance
JUDGMENT
The only short point that requires consideration in the above
appeal is filed by the Insurance Company challenging the Award
passed by the learned Special District Judge, Motor Accidents Claims
Tribunal, Krishnagiri, in M.C.O.P.No.207 of 2018, is whether despite
producing Ex.P.3 - Insurance Policy which shows that it is a personal
accident policy where the liability is limited to a sum of Rs.2 lakhs, the
https://www.mhc.tn.gov.in/judis
C.M.A.No.333 of 2022
Tribunal was right in awarding a sum of Rs.4,30,000/- as compensation
to the claimant.
2.The learned counsel for the petitioners would fairly concede
that the vehicle has been covered only by a personal accident policy
where the liability is limited to a sum of Rs.2 lakhs.
3.In the light of the above, the Award passed by the Tribunal is
set aside by reducing the Award amount to a sum of Rs.2lakhs only
taking into account the fact that Ex.P.30 – Insurance Policy is a
personal accident policy. Consequently, the Civil Miscellaneous
Appeal is allowed and the compensation awarded by the Tribunal is
reduced to a sum of Rs.2,00,000/- (Rupees two lakhs only) to the
claimant without interest.
It is informed by the learned counsel for the Insurance Company
that the Insurance company has deposited a sum of Rs.2 lakhs together
https://www.mhc.tn.gov.in/judis
C.M.A.No.333 of 2022
interest with costs. Therefore, the amounts over and above the sum of
Rs.2lakhs shall be refunded to the Insurance Company and the costs
shall also be refunded back to the Insurance Company. The interest
that has occurred post the deposit is payable to the
petitioners/claimants. Consequently, connected Miscellaneous Petition
is closed.
13.10.2022
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
mps
To
The Special District Judge,
Motor Accidents Claims Tribunal,
Krishnagiri.
https://www.mhc.tn.gov.in/judis
C.M.A.No.333 of 2022
P.T. ASHA, J,
mps
C.M.A.No.333 of 2022
and
C.M.P.No.2234 of 2022
13.10.2022
https://www.mhc.tn.gov.in/judis
