The Chief Litigation Manager vs Gubendiran
2023 Latest Caselaw 481 Mad

                                                                            C.M.A.No.2831 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 09.01.2023
                                                        CORAM
                         THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                                C.M.A.No.2831 of 2022
                                              and C.M.P.No.22068 of 2022

                The Chief Litigation Manager
                Liberty of General Insurance Company Limited
                10th Floor, Tower A Peninsula Business Park
                Ganapath Rao, Kadam Marg Lower Parel
                Mumbai – 400 013                                                      .. Appellant
                                                   Versus
                1.Gubendiran
                2.Sureskumar                                                        .. Respondents

                Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle
                Act, 1988 against the Judgment and Decree dated 25.07.2022 passed in
                M.C.O.P.No.201/2016 on the file of Motor Accident Claims Tribunal in the
                Court of the Special Subordinate Court, Tiruvannamalai.

                                        For Appellant           : Mrs.M.B.Raghavan
                                                                  for M.B.Gopalan Associates
                                        For Respondents         : Mr.S.P.Yuvaraj

                                                    JUDGMENT

The Insurance Company is the appellant herein challenging the award

passed by the Motor Accident Claims Tribunal in the Court of the Special

Subordinate Court, Tiruvannamalai in M.C.O.P.No.201/2016 on the ground of

liability.

https://www.mhc.tn.gov.in/judis C.M.A.No.2831 of 2022

2. Heard the learned counsel for the appellant, the second respondent

herein filed the above M.C.O.P claiming compensation for the grevious injury

suffered by him in the road accident on 03.09.2015, wherein, the said lorry was

insured with the appellant insurance company. The Tribunal has awarded a sum

of Rs.4,83,610/- as compensation. Challenging the same, the Appellant

Insurance Company has filed this appeal.

3. The learned counsel for the appellant would contend that as per Ex.P1,

he is a loadman traveled in the lorry to bring marble stones and the lorry met

with accident. Further, he would contend that the if he is a loadman, he is

covered, however, he was working as a mason in a private company.

4. After going through the overall documentary evidences and the

findings rendered by the Tribunal below, the Tribunal had rightly held that

since the petitioner was traveling in the vehicle as a loadman and as per Clause

IMT 28 issue under Section 7 of the Indian Motor Tariff, he is covered and the

Insurance Company also premium. Hence, the Insurance Company is jointly

and severally liable to pay the compensation. Such findings of the Tribunal on

https://www.mhc.tn.gov.in/judis C.M.A.No.2831 of 2022

consideration of the facts and circumstances of the case and overall

documentary documentary evidence does not suffer from any irregularities or

illegalities.

5. Therefore, this Court is of the view that the impugned order requires

no interference by this Court. Accordingly, this Civil Miscellaneous Appeal is

liable to be dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

09.01.2023

Index : Yes/No Speaking Order/Non-Speaking Order dhk

To

The Presiding Officer, Motor Accident Claims Tribunal in the Court of the Special Subordinate Court Tiruvannamalai.

https://www.mhc.tn.gov.in/judis C.M.A.No.2831 of 2022

RMT.TEEKAA RAMAN.J,

dhk

C.M.A.No.2831 of 2022

09.01.2023

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