Reliance General Insurance Co. ... vs M.Pramila
2023 Latest Caselaw 65 Mad

                                                                              C.M.A.No.2891 of 2022

                                   THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 02.01.2023
                                                         CORAM:
                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             AND
                     THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                  C.M.A.No.2891 of 2022
                                                           and
                                                  C.M.P.No.22365 of 2022

                     Reliance General Insurance Co. Ltd.,
                     Represented by its Area Manager (Legal),
                     Claims Department, 6th Floor,
                     No.6, Haddows Road, Nungambakkam,
                     Chennai – 34.                                                  ...Appellant

                                                           Vs.

                     1.M.Pramila
                     2.S.K.Mohana Sundaram
                     3.M.Dilip Kumar
                     4.G.Venkatesh @ Venkatesan                                 ...Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the judgment and decree dated 23.08.2022 in
                     MCOP.No.3318 of 2019 on the file of the Motor Accidents Claims Tribunal,
                     Chennai (Chief Judge, Court of Small Causes, Chennai).
                                  For Appellant       : Mr.R.Sunilkumar




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.No.2891 of 2022




                                                     JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The appeal is by the Insurance Company, aggrieved by the award

of the Motor Accident Claims Tribunal, Chennai dated 23.08.2022 made in

M.C.O.P.No.3318 of 2019.

2.Mr.R.Sunilkumar, learned counsel for the Insurance Company

would primarily contend that the Tribunal having rendered a finding that the

driver of the offending vehicle did not have a valid driving license, ought not

to have made the Insurance Company liable to pay the compensation with

liberty to recover the same from the Insurer. According to the learned

counsel, as per the judgment of the Hon'ble Supreme Court in Beli Ram Vs.

Rajinder Kumar & Another, the Insurance Company should not have been

made liable to pay with liberty to recover. We are unable to sustain the

contention of the learned counsel for the Insurance Company.

https://www.mhc.tn.gov.in/judis C.M.A.No.2891 of 2022

3.The judgment in Beliram's case arose out of a proceeding under

the Workmen's Compensation Act (Employees' Compensation Act). The

decision of the Hon'ble Supreme Court was based on consideration of the

provisions of the said enactment. The same cannot be applied to the

proceedings under the Motor Vehicles Act, since Section 149(4) of the Motor

Vehicles Act which reads as follows:- “(4) Where a certificate of

Insurance has been issued under sub-section (3) of Section 147 to the

person by whom a policy has been effected, so much of the policy as

purports to restrict the insurance of the persons insured thereby by

reference to any conditions other than those in clause (b) of sub-section

(2) shall, as respects such liability as are required to be covered by a

policy under clause (b) of sub-section (1) of Section 147, be of no effect.”

makes the insurer liable even in cases where there is a violation of policy

conditions. However, proviso 2 of Sub-section 4 gives a right to the

Insurance Company to pay the compensation and recover the same from the

Insurer.

https://www.mhc.tn.gov.in/judis C.M.A.No.2891 of 2022

4.In view of Section 149, we do not think, we could apply the

principle laid down in Beliram to the case on hand. No other contention has

been urged by the Insurance Company. Hence, this Civil Miscellaneous

Appeal fails and it is accordingly, dismissed. No costs.

                                                                     (R.S.M.,J.)     (S.S.K.,J.)
                                                                             02.01.2023
                     kkn

                     Internet:Yes
                     Index:No
                     Speaking

https://www.mhc.tn.gov.in/judis C.M.A.No.2891 of 2022

R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

KKN

To:-

The Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

C.M.A.No.2891 of 2022 and C.M.P.No.22365 of 2022

02.01.2023

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