Manager vs Chinnathambi
2022 Latest Caselaw 15386 Mad

                                                                           C.M.A.No.3615 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 15.09.2022

                                                      CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                               C.M.A. No.3615 of 2014
                                                       and
                                                 M.P. No.1 of 2014

                  Manager
                  ICICI Lombard General Insurance
                  Company Ltd., 'Jenith House',
                  Kesavarav, Kathi Mark,
                  Mahalakshmi, Mumbai-400 034.                                ... Appellant

                                                        vs.

                  1.Chinnathambi
                  2.Ulagoli                                                  ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
                  Motor Vehicles Act, against the Judgment and Decree dated 05.02.2014 in
                  M.C.O.P.No.70 of 2012 on the file of the Motor Accident Claims Tribunal
                  (Principal District Judge) at Ariyalur.

                                    For Appellant     : Mr.R.Sree Vidhya
                                    For Respondents   : Mr.A.A.Venkatesan [R1]
                                                        R2 – Served – No Appearance




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https://www.mhc.tn.gov.in/judis
                                                                              C.M.A.No.3615 of 2014

                                                   JUDGMENT

Challenging the award passed by the Motor Accident Claims Tribunal

(Principal District Judge) at Ariyalur, in M.C.O.P.No.70 of 2012, the

Insurance Company is the appellant before this Court.

2. The parties are referred to in the same ranking as before the

trial Court.

3. The Insurance Company is aggrieved by the fact that despite the

petitioner travelling as gratituous passenger in the 1st respondent's vehicle

Maxi Pickup Open Van bearing Registration No. TN.46.D.5252 along with

24 others. The Tribunal had awarded a compensation of a sum of

Rs.1,27,000/-. These facts are admitted and therefore, there is no necessity

for this Court to extract the same.

4. Heard the learned counsel for the appellant/Insurance Company and

the learned counsel for the 1st respondent and perused the records.

5. The claimant in his claim statement itself would state that the

https://www.mhc.tn.gov.in/judis C.M.A.No.3615 of 2014

petitioner and the people of his village were travelling in the goods carriage

to the construction site every day. Admittedly, the vehicle is a goods carrier

which cannot be used for transporting passengers, the same is the violation of

terms of policy conditions and also provisions of the Act. The Tribunal has

committed grave error in granting compensation to the claimant who has

been travelling in the goods carrier along with others. Therefore, the award

passed by the Tribunal has to necessarily be set aside.

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

Judgment and Decree dated 05.02.2014 in M.C.O.P.No.70 of 2012 on the

file of the Motor Accident Claims Tribunal (Principal District Judge) at

Ariyalur is set aside. The award amount deposited before the Tribunal shall

be refunded to the appellant/Insurance Company. No costs. Consequently,

connected miscellaneous petition is closed.

15.09.2022 Index : Yes/No Speaking / Non-speaking order ssn/mka

https://www.mhc.tn.gov.in/judis C.M.A.No.3615 of 2014

P.T.ASHA, J.,

ssn/mka

To

1. The Motor Accident Claims Tribunal, Principal District Judge, Ariyalur.

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

C.M.A.No.3615 of 2014 and M.P.No.1 of 2014

15.09.2022

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