National Insurance Company Limited vs Sri Satheesh Alias Sathishkumar
2023 Latest Caselaw 14434 Mad

Madras High Court

National Insurance Company Limited vs Sri Satheesh Alias Sathishkumar on 21 November, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                             CMA.No.2688 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 21.11.2023

                                           CORAM: JUSTICE N.SESHASAYEE

                                                   CMA.Nos.2688 of 2023
                                                  & CMP.No.24922 of 2023

                     National Insurance Company Limited,
                     No.46, Moore Street, third floor,
                     Chennai – 600 001.                                          ... Appellant

                                                           -Vs-

                     1.Sri Satheesh alias Sathishkumar
                     2.Rengabashyam                                            ...Respondents


                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
                     M.V.Act, 1988, against the Judgment and Decree passed in
                     MACT.OP.No.4702 of 2016, dated 21.08.2019, on the file of the Motor
                     Accidents Claims Tribunal, Special Subordinate Court, Chennai.



                                  For Appellant     : M/s.N.B.Sureka

                                  For R1            : Mr.K.Varadhakamaraj
                                  For R2            : Notice D/w Vide order dt.03.11.2023


                                                       JUDGMENT

In a road accident, the first respondent herein suffered injuries, when the

motorcycle bearing Regn.No.TN 07 BV 8499 which he was riding at the

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

relevant time collided with another motorcycle bearing Regn.No.TN 09

BS 0991. The vehicle belongs to the second respondent herein, which the

claimant had borrowed.

2.In the accident, the claimant suffered injuries and seeking

compensation he moved the Tribunal with MCOP.No.4702 of 2016 on

the file of the MACT, Special Sub Court No.2, Chennai against the

owner of the vehicle, which he rode and its insurance company. The

Tribunal determined the compensation at Rs.50,000/- and fastened the

liability on the owner and also the insurance company of the vehicle.

Challenging that the insurance company is not liable for the injuries

suffered by the owner or any borrower from the owner of the vehicle, the

appellant/insurance company has come forward with this appeal.

3.Relying on the ratio in M/s.National Insurance Company Limited Vs.

Srimathi Sudha and others., [CMA.No.3404 of 2019] the learned

counsel for the appellant submitted that the liability of the insurance

company vis-a-vis the owner of the vehicle or anyone who steps into the

shoes of the owner of the vehicle is purely contractual and neither

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

Section 163A of the Motor Vehicles Act as it was then or its replacement

provision in Section 164 as is now provides any compensation by the

insurance company for the owner of the vehicle.

4.This Court has little hesitation in concluding that this case falls

squarely in the ambit of the case referred to above, since there is no PA

cover as between the owner/rider of the vehicle and the

appellant/insurance company.

5.In conclusion, this appeal is allowed and the Judgment and Decree

passed in MACT.OP.No.4702 of 2016 on 21.08.2019 by the Motor

Accident Claims Tribunal, Special Sub Court No.2, Chennai is hereby set

aside. No costs. Consequently, the connected miscellaneous petition is

closed.

21.11.2023

Tsg

To

1.The Motor Accidents Claims Tribunal, Special Subordinate Court, Chennai.

2.The Section Officer, V.R.Section, High Court, Madras.

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

N.SESHASAYEE, J.,

Tsg

21.11.2023

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