The United India Insurance Company ... vs P.Sivathanu Pillai
2024 Latest Caselaw 11440 Mad

Madras High Court

The United India Insurance Company ... vs P.Sivathanu Pillai on 2 July, 2024

Author: S.Srimathy

Bench: S.Srimathy

                                                                               C.M.A(MD)No.1198 of 2016




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 02.07.2024

                                                      CORAM

                                    THE HON'BLE MRS.JUSTICE S.SRIMATHY

                                             C.M.A(MD)No.1198 of 2016
                                                       and
                                             C.M.P.(MD)No.10535 of 2016

              The United India Insurance Company Limited,
              Nagercoil,
              represented by its Branch Manager
               having his office at Nagercoil.                            ... Appellant
                                                  Vs.

              1.P.Sivathanu Pillai
              2.S.Subramanian
              3.S.Padmanahan
              4.Karthikeyan                                               ... Respondents

              PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
              Vehicles Act 1988, against the Judgment and Decree passed in M.C.O.P.No.196
              of 2011, dated 01.10.2013, by the Motor Accident Claims Tribunal, Principal
              District Court, Tirunelveli.


                                  For Appellant    : Mr.C.Jawahar Ravindiran

                                  For R1 to R3     : Mr.C.Raja Kumar
                                                        *****



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

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                                                                               C.M.A(MD)No.1198 of 2016




                                                     JUDGMENT

This Civil Miscellaneous Appeal is preferred by the Insurance Company.

2. It is a case of fatal. The contention of the Insurance Company is that the

owner of the car is the husband. His wife had travelled in the car and died in the

accident. The contention of the Insurance Company is that the car is covered

under liability only policy with personal accident cover for the driver and owner.

The husband is the owner of the car and the wife cannot be considered as driver.

The insurance company has no liability to settle the claim of the passenger of the

vehicle. Since the personal accident policy alone would cover, the compensation

can be granted only for the husband as Driver and owner of the car but not to the

wife who has travelled in the car as a passenger.

3. It is seen that the insurance company had not marked the policy before

the Tribunal. Hence the contention of the insurance company is rejected. The

accident occurred on 24.09.2003 and the award amount is only Rs.3,02,837/-.

Therefore, this Court is not interfering in the award.

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

4. The appellant Insurance Company is directed to deposit Rs.3,02,837/-

(Rupees Three Lakh Two Thousand Eight Hundred and Thirty Seven only) with

interest at the rate of 7.5% per annum and costs to the credit of M.C.O.P., on the

file of claims Tribunal, less the amount already deposited, if any, within a period

of six weeks from the date of receipt of a copy of this judgment. On such deposit,

the 1st claimant is permitted to withdraw the same with accrued interests and costs,

less the amount already withdrawn by him, if any, by filing appropriate

application before the Tribunal.

5. With the above said observations, the Civil Miscellaneous Appeal is

dismissed. No costs. Consequently, connected miscellaneous petition is closed.

                                                                         02.07.2024
              NCC                 :   Yes / No
              Index               :   Yes / No
              Internet            :   Yes / No
              Tmg

              To
              1.Motor Accident Claims Tribunal,

Principal District Court, Tirunelveli.

2.The Section Officer, Vernacular Section,

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

Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY, J.

Tmg

02.07.2024

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