Umarsherif vs Suganya
2023 Latest Caselaw 6825 Mad

                                                                         C.M.A.(MD).No.359 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 22.06.2023

                                                    CORAM

                             THE HONOURABLE MR.JUSTICE N.SATHISHKUMAR

                                            C.M.A.(MD).No.359 of 2023

                     1.Umarsherif
                     2.Bharakathnisha                                          ... Appellants
                                                    Vs.


                     1.Suganya

                     2.The Manager,
                       The Reliance General Insurance Company Limited,
                       80 Feet Road,
                       Anna Nagar,
                       Madurai 625 020.
                                                                             ... Respondents

                     Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
                     Motor Vehicles Act, against the judgment and decree dated 15.12.2021
                     passed in M.C.O.P.No.2090 of 2017 on the file of the Special District
                     Court to deal Motor Accident Cases, Madurai.


                                   For Appellants         :   Mr.V.Sriram
                                   For R2                 :   Mr.V.Sakthivel




                     Page 1 of 7
https://www.mhc.tn.gov.in/judis
                                                                                     C.M.A.(MD).No.359 of 2023




                                                        JUDGMENT

Challenging the dismissal of the application filed seeking

compensation, on account of the death of the son of claimants, the

present appeal came to be filed.

2. The brief facts leading to the filing of this appeal are as follows:

On 26.06.2017, at about 1.00 hour, while the deceased was riding a

motorcycle bearing Registration No.TN 50 BU 7150 belonged to the first

respondent, near A.Vallalpatti Naickanpatti Vilakku, a cow was suddenly

crossed the road. To avoid hitting the cow, the deceased applied the

break. As a result, the motorcycle capsized and the deceased sustained

grievous injuries and succumbed to injuries on 28.06.2017. Therefore,

the claimants being the parents of the deceased filed a petition before the

Tribunal seeking compensation. The second respondent/Insurance

Company has disputed the accident, on the ground that the deceased in a

drunken mood rode the vehicle without any licence and without wearing

the helmet invited the accident.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.359 of 2023

3. Before the Tribunal, on the side of the petitioners, P.Ws.1 and 2

were examined and Exs.P1 to P13 were marked and on the side of the

respondents, R.Ws.1 to 3 were examined and Exs.R1 and R2 were

marked and Exs.X1 and X2 were also marked.

4. Based on the materials, the Tribunal has dismissed the

application, on the ground that the deceased did not possess valid driving

licence, which has been established by the Insurance Company.

Therefore, the Personal Accident coverage cannot be granted.

Challenging the same, the present appeal came to be filed by the

claimants.

5. The learned counsel appearing for the appellants would submit

that though R.W.2 has spoken that no licence was issued to the deceased

from the R.T.O. Office, Melur, Madurai District, the possibility of licence

from other area cannot be ruled out and the owner of the vehicle has not

disputed the same. Hence, the Personal Accident coverage cannot be

avoided.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.359 of 2023

6. In the light of the above submissions, now the points for

consideration in this appeal is (i) Whether the claimants are entitled to

claim a compensation on the basis of P.A. coverage, which was taken by

the owner of the vehicle ? (ii) Whether the Insurance Company is liable

to pay the compensation?

7. Though the owner of the vehicle has been made as a party, he

remained ex-parte. This fact clearly indicate that in fact he has allowed

the deceased to ride the motorcycle, such being the position, once the

vehicle has been borrowed by the deceased from the owner and rode the

vehicle, the deceased normally stepped into the shoes of the original

owner. Therefore, the insurance in respect of the P.A. coverage is payable

to the deceased. This aspect is not in dispute. But, it is relevant to note

that for payment of P.A. coverage, certain parameters and conditions are

mandatory. It is purely personal contract between the Insurance Company

and the insurer and only on showing the fact that there was no violation

of the policy conditions and other violations, the P.A. coverage normally

will payable. It is the specific contention of the second respondent herein

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.359 of 2023

that the deceased did not have a valid licence and to substantiate the

same, R.W.2 was examined and her evidence clearly show that there was

no licence issued to the deceased from the RTO Office, Melur, Madurai

District, where the deceased was permanently residing. It is further to be

noted that P.W.1, the mother of the deceased also admitted in her

evidence that the deceased did not possess valid driving licence at the

relevant point of time.

8. Such being the position, this Court is of the view that when the

policy condition has been clearly violated and the deceased did not have

a valid licence, the P.A. coverage cannot be directed to be paid, as per the

contract.

9. In such a view of the matter, I do not find any merit in this

appeal. Accordingly, the Civil Miscellaneous Appeal is dismissed. No

costs.

22.06.2023

NCC:Yes/No Index:Yes/No akv

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.359 of 2023

To

1.The Special District Court, Motor Accident Cases, Madurai.

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.359 of 2023

N.SATHISHKUMAR, J.

akv

C.M.A.(MD)No.359 of 2023

22.06.2023

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