M/S. National Insurance Co. Ltd vs Selvarani
2023 Latest Caselaw 8439 Mad

                                                                              C.R.P.No.2058 of 2015

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 17.07.2023

                                                         CORAM :

                                  THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                                   C.R.P.No.2058 of 2015
                                                   and M.P.No. 1 of 2015

                     M/s. National Insurance Co. Ltd.,
                     Branch Office – 1, P.B.No.15/1,
                     Govindasamypillai Street,
                     Near Old Bus Stand, Salem – 636 001.                              .. Petitioner

                                                              vs

                     1.Selvarani
                     2.E.Sakthivel                                                  .. Respondents

                                  Petition filed under Article 227 of the Constitution of India

                     against the award and decree dated 05.04.2006 in MCOP No. 1477

                     of 2003 on the file of Motor Accidents Claims Tribunal, Principal

                     District Judge, Salem.


                                  For Petitioner         :         Mr.S.Arunkumar

                                  For Respondent         :         No appearance



                                                             ORDER

This Court in a connected C.M.A No. 2178 of 2018 etc batch

dated 07.08.2019, allowed the appeals holding that the insurance

company is not liable. The operative portion thereof is extracted

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

C.R.P.No.2058 of 2015

below:-

“11. In the case on hand, it is very clear that there was violation of policy conditions and the injured have traveled as unauthorized passengers. But the Tribunal has ordered for pay and recovery, which, according to this Court is not correct, in view of law laid down by the Division Bench of this Court in the case of Bharati AXA General Insurance Co. Ltd v Anandi, reported in 2018 (2) TN MAC 731 (DB) (cited supra). Hence, this Court holds that the appellant – Insurance Company is not liable to pay any compensation to the claimants.”

2. Following the said judgment, this civil revision petition

is allowed. No costs. Connected miscellaneous petition is closed.

3. The decree is set aside insofar as the petitioner alone

is concerned. The owner of the offending vehicle continues to be

responsible for the payment of compensation.

17.07.2023 Index:Yes/No Neutral Citation:Yes/No ssm

To

The Motor Accidents Claims Tribunal / Principal District Judge, Salem.

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

C.R.P.No.2058 of 2015

V. LAKSHMINARAYANAN,J.

ssm

C.R.P.No.2058 of 2015

17.07.2023

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