Madras High Court
M.Girija vs B.Karnesan on 16 October, 2024
C.M.A.(MD)No.1221 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 16.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A(MD)No.1221 of 2024
1.M.Girija
2.M.Nirosha ... Appellants/Petitioners
Vs.
1.B.Karnesan
2.IFFCO TOKIO General Insurance Company Ltd.,
No.82, Preetham Plaza,
Ground & 1st Floor,
Chandra Gandhi Nagar,
Ponmeni, Madurai – 625 010. .. Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act against the judgment and decree dated 28.02.2022 in
M.C.O.P.No.1909 of 2017 on the file of the District and Sessions Court,
(Special Court for Communal Riots Enquiry)/Motor Accidents Claims
Tribunal, Madurai and award enhanced compensation of Rs.5,00,000/-.
For Appellants : Mr.N.Sudhagar Nagaraj
For R2 : Mr.V.Sakthivel
https://www.mhc.tn.gov.in/judis
Page No.1 of 5
C.M.A.(MD)No.1221 of 2024
JUDGMENT
The instant appeal is filed seeking enhancement of compensation.
2. It is represented by the learned counsel for the 2nd respondent
that, against the very same award, the insurance company had preferred
an appeal in CMA(MD)No.598 of 2023 challenging the finding on
liability. This Court, by a detailed order dated 21.12.2023, held that since
the borrower of the insured vehicle did not possess a valid license, the
claimants are not entitled to compensation even towards personal
accident coverage. The relevant portion of the order of this Court reads
as follows:
10. Considered the arguments of the learned counsel for
the appellant and perused records of the case. There is no
dispute that the accident was taken place due to the rash and
negligent riding of the deceased Manikandan as seen from
Ex.P.1 – F.I.R. It is the specific case of the 2nd respondent/
Insurance Company that since the deceased, who was the
owner of the vehicle, was not having any valid driving license
at the time of accident, the Insurance Company is not liable to
pay any compensation and even compensation under Personal
Accident Coverage. On perusal of records, the petitioners
have not established that their deceased son was having
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driving license at the time of accident. For awarding
compensation under Personal Accident Coverage, certain
policy principles should be followed, particularly the vehicle
has to be insured and the driver had to possess valid driving
license. The citations relied on by the appellant/Insurance
Company insisted the settled principle that the Insurance
Company is not liable to pay any compensation if the
driver/owner was not having valid driving license at the time of
accident.
11. The burden of proof shifted upon the petitioners to
substantiate that their deceased son was having valid driving
license at the time of accident. The petitioners failed to
substantiate the same. On perusal of award, the Tribunal has
correctly held in point No.1 that the petitioners did not produce
the driving license of the deceased and since the accident was
invited by the deceased himself, the 2nd respondent/Insurance
Company was not liable to pay compensation. However, the
Tribunal awarded compensation under personal accident
coverage. Therefore, as rightly contended by the appellant/2nd
respondent and in view of the judgments of this Court relied on
by the appellant side, that the owner/borrower of the vehicle
who is not holding a valid driving license at the time of
accident, will not be entitled to invoke personal accident policy
also. Thus, the Tribunal has miserably failed to properly apply
the above legal principle settled by the Hon’ble Supreme Court
and by this Court. Therefore, the award passed by the Tribunal
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warrants interference and the Civil Miscellaneous Appeal has
to be allowed”.
3. Since this Court has already held that the claimants are not
entitled to any compensation, the question of enhancement of
compensation does not arise. Hence, this Court finds no merit in the
appeal, and the same is dismissed. No costs.
16.10.2024
Index : Yes / No
Neutral Citation : Yes / No
CM
To
1. The District and Sessions Court,
(Special Court for Communal Riots Enquiry)/
Motor Accidents Claims Tribunal, Madurai
2. The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
SUNDER MOHAN, J.
CM
Judgment made in
16.10.2024
https://www.mhc.tn.gov.in/judis
