Madras High Court
Hdfc Ergo General Insurance ... vs N.M.Anandaraju @ Anandaraj on 19 January, 2023
C.M.A.No.1296 of 2020
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.1296 of 2020
and
C.M.P.No.9231 of 2020
HDFC ERGO General Insurance Company Ltd.,
First Floor No.23, City Towers,
Gayathri Nagar, 100 ft. Road,
Pondicherry – 605 004. ...Appellant
Vs.
1.N.M.Anandaraju @ Anandaraj
2.Minor A.Pradeep
3.Minor A.Nikithasri
Minors 2 and 3 rep. By their father guardian
N.M.Anandaraju @ Anandaraj
4.V.Venkatesan
5.P.Anandan ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award and judgment dated 13.12.2019
passed in M.C.O.P.No.2335 of 2015 on the file of the Motor Accident
Claims Tribunal, Principal District Court, Cuddalore.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.1296 of 2020
For Appellant : Mr.Somasundaar N
For Respondents : Mr.Ramya V.Rao for R1 to R3
R4 – served- No Appearance
R5 – No such address
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The Insurance Company is on appeal. Challenge is to the award
of the Motor Accident Claims Tribunal, Cuddalore made in
M.C.O.P.No.2335 of 2015 granting a sum of Rs.57,82,000/- for the death of
one P.Vanitha, wife of Anandaraj in a road accident that occurred on
28.11.2014 at about 4.45 p.m.
2.Since we dispose of the appeal on a preliminary point, we do not
deem it necessary to deal with the facts elaborately. The claim was made
against the owner and the alleged Insurer of a lorry bearing Registration
No.TAS-8673. From the First Information Report, it is seen that the lorry
bearing Registration No.TAS-8673 was being towed without a driver by a
recovery vehicle bearing Registration No. TN-09-Y-8089. From the First
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C.M.A.No.1296 of 2020
Information Report, it is clear that it was the recovery vehicle bearing
Registration No.TN-09-Y-8089 that was responsible for the accident.
However, the claimants have chosen to proceed against the owner and the
alleged Insurer of the lorry.
3.The Insurer's primary contention was that the policy of
insurance produced itself is a fake policy. The Tribunal has however, passed
an award against the appellant Insurance Company on the ground that it is
the Insurer of the lorry bearing Registration No.TAS-8673. It now turns out
that the policy that was produced before the Tribunal, as if a policy issued to
the owner of the lorry bearing Registration No.TAS-8673, was not infact
issued to cover the risk of that particular vehicle. It is seen that it has been
issued to cover the risk for a completely different vehicle, which bears
Registration No.TN-23-D-8671.
4.In the light of the above facts, it is clear that the Tribunal fell in
error in directing the Insurance Company to cover the risk and pay the
compensation. We are therefore, have no difficulty in setting aside the
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C.M.A.No.1296 of 2020
award of the Tribunal. Now that we have rendered a finding that it was the
recovery vehicle, which was responsible for the accident as per the First
Information Report, we cannot leave the claimants high and dry. Since we
have recorded a finding that the policy that has been produced is a fake
policy, the appellant Insurance Company will stand exonerated from the
proceedings before the Tribunal.
5.In view of the above, we allow the appeal and remit the matter
back to the Tribunal with liberty to the claimants to implead the owner and
the Insurer, if any, of the recovery vehicle bearing Registration No.TN-09-
Y-8089 and proceed with the Claim Petition. The Tribunal will do well to
dispose of the claim petition within a period of three months from the date
on which, the new parties are impleaded. No costs. Consequently,
connected miscellaneous petition is closed.
(R.S.M.,J.) (S.S.K.,J.)
19.01.2023
kkn
Internet:No
Index:Yes
Speaking
https://www.mhc.tn.gov.in/judis
C.M.A.No.1296 of 2020
To:-
The Motor Accident Claims Tribunal,
Principal District Court,
Cuddalore.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1296 of 2020
R.SUBRAMANIAN, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
KKN
C.M.A.No.1296 of 2020
and
C.M.P.No.9231 of 2020
19.01.2023
https://www.mhc.tn.gov.in/judis
