United India Insurance Co.Ltd vs Vediyammal
2022 Latest Caselaw 16691 Mad

                                                                             C.M.A.No.3497 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 19.10.2022

                                                       CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                               C.M.A.No.3497 of 2014
                                                       And
                                                 M.P.No.1 of 2014

                  United India Insurance Co.Ltd.,
                  Divisional Office No.2,
                  104-A, Peramanur Main Road,
                  Salem-7.                                        ... Appellant

                                                        vs.
                  1.Vediyammal

                  2.Sankara Subramanian

                  3.Vaithiyalingam                                ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
                  Motor Vehicles Act, against the award and decree dated 11.03.2014 made
                  in M.C.O.P.No.685 of 2006 on the file of the Motor Accident Claims
                  Tribunal, I Additional District Judge, Salem.
                                    For Appellant      : Mr.S.Arunkumar
                                    For Respondents    : R1 & R2 – Served – No Appearance

                                                      JUDGMENT

The Insurance Company has challenged the award passed by the

https://www.mhc.tn.gov.in/judis C.M.A.No.3497 of 2014

Motor Accident Claims Tribunal, I Additional District Judge, Salem in

M.C.O.P.No.685 of 2006

2. On the date of the accident, the vehicle involved in the accident did

not have any insurance cover. The accident occurred on 09.03.2006,

whereas, the policy was taken only on 24.03.2006. Despite bringing the

above fact to the notice of the Tribunal, the Tribunal has fastened the

liability only upon the insurance company, ignoring the evidence of RW2 on

the ground that the insurance company has not proved that there was no

insurance.

3. There is no serious contest to the above statement. Therefore, this

appeal has to be necessarily allowed and the insurance company

exonerated from its liability.

4. In the result, this Civil Miscellaneous Appeal is allowed and the

award and decree dated 11.03.2014 made in M.C.O.P.No.685 of 2006 on

the file of the Motor Accident Claims Tribunal, I Additional District Judge,

Salem, is set aside and the insurance company is exonerated from the

https://www.mhc.tn.gov.in/judis C.M.A.No.3497 of 2014

liability and the claimant shall recover the compensation awarded by the

Tribunal from the 1st respondent/owner of the vehicle bearing Reg.No.TN-

09-H-4128. No costs. Consequently connected miscellaneous petition is

closed.

19.10.2022 Index : Yes/No Speaking / Non-speaking order ssn

To:

1. The Motor Accident Claims Tribunal, I Additional District Judge, Salem.

2. The Section Officer, V.R.Section, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.3497 of 2014

P.T.ASHA, J.,

ssn

C.M.A.No.3497 of 2014 And M.P.No.1 of 2014

19.10.2022

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