Madras High Court
The Bajaj Allianz General Insurance ... vs Venmathi on 6 September, 2024
Author: R. Hemalatha
Bench: R.Hemalatha
CMA No.1361 of 2023
and C.M.P.No.13616 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
CMA No.1361 of 2023
and
C.M.P.No.13616 of 2023
The Bajaj Allianz General Insurance Company Limited,
Subramaniam Building, 2nd Floor, No.1, Club House Road,
nos.497, 498, 5th Floor, Isana Kattina Building,
Poonamallee High Road, Arumbakkam,
Chennai - 600 106. ... Appellant
Vs.
1.Venmathi
2.A.Thalapathi
3.A.Muthamizh
4.M/s. International Tractor Limited,
No.54/2A1, Janpanchathiram Koot Road,
G.N.T.Road, Chennai - 600 067. ... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Award dated 30.06.2022 in M.C.O.P.243
of 2013 on the file of the Motor Accident Claims Tribunal, Ponneri (In the
Court of IV Additional District and Sessions Judge), Thiruvallur at
Ponneri).
1/10
https://www.mhc.tn.gov.in/judis
CMA No.1361 of 2023
and C.M.P.No.13616 of 2023
For Appellant : Mr.T.K.Premkumar
For RR1 to 3 : Mr.R.Venkatesulu
For R4 : Mr.A.V.Arun
JUDGMENT
The appellant, the Bajaj Allianz General Insurance Company
Limited, Chennai, the second respondent in M.C.O.P.243 of 2013 on the
file of the Motor Accident Claims Tribunal, Ponneri, has filed the present
appeal.
2. The respondents 1 to 3 filed the above said claim petition
under Section 166 of the Motor Vehicles Act seeking compensation of
Rs.7,00,000/- for the death of one Anandhakumar (the husband of first
claimant and father of claimants 2 and 3), in a road accident that took
place on 19.12.2007.
3. The brief case of the claimants is as follows:
On 19.12.2007, Anandhakumar (since deceased) was
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walking along G.N.T. Bypass Road, Red hills and at about 8.00 p.m. a
Tractor (not registered) bearing Engine Number A97998 and Chassis
Number DSAY - 68459/3 belonging to the fourth respondent herein, hit
him, resulting in his instantaneous death.
4. According to the claimants the rash and negligent driving
of the driver of the tractor was the cause of the accident and that since the
said vehicle was insured with the present appellant, the Bajaj Allianz
General Insurance Company Limited, the owner of the Tractor (fourth
respondent) and the insurer are jointly and severally liable to pay
compensation to them.
5. In the Tribunal, the owner of the tractor remained absent
and was set exparte. The appellant, the Bajaj Allianz General Insurance
Company Limited contested the claim petition.
6. The Tribunal after analysing the evidence on record,
fastened negligence on the part of the driver of the tractor (not registered)
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and directed the appellant, Insurance Company to pay compensation of
Rs.10,59,420/- to the claimants together with interest at the rate of 7.5%
per annum from the date of petition till the date of realisation, vide its
orders dated 30.06.2022. The Tribunal also held that the liability of the
owner of the tractor and the insurer are joint and several.
7. Questioning their liability to pay compensation, the present
appeal is filed by the appellant / the Bajaj Allianz General Insurance
Company Limited.
8. Heard Mr.T.K.Premkumar, learned counsel appearing for
the appellant, Mr.R.Venkatesulu, learned counsel appearing for the
respondents 1 to 3 and Mr.A.V.Arun, learned counsel appearing for the
fourth respondent.
9. Mr.T.K.Premkumar, learned counsel appearing for the
appellant drew the attention of this Court to the Insurance Policy (Ex.R1)
and contended that the owner of the tractor had taken only Marine
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Insurance Policy which would not cover the death of a third party.
According to him, the owner of the tractor had taken out the tractor
illegally from the consignment. He therefore, prayed for exonerating the
liability of the Insurance Company from paying the compensation amount
as directed by the Tribunal.
10. Per contra Mr.R.Venkatesulu, learned counsel appearing
for the claimants and Mr.A.V.Arun, learned counsel appearing for the
owner of the tractor contended that the Marine Insurance Policy would
cover Inland Transit (Rail or Road) and all risks and therefore, the
appellant, Insurance Company is liable to pay compensation.
11. A perusal of the records shows that the present appellant
had taken a specific plea in its counter that since the policy of insurance
(Ex.R1) is a Marine Policy, the same would not cover the third party
claim. The Marine Insurance normally covers the loss or damage of ships,
cargo, terminals, and any transport by which the property is transferred,
acquired, or held between the points of origin and the final destination. In
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the instant case, the tractor has been taken out of the consignment illegally
by the owner of the tractor and the accident occurred due to rash and
negligent driving of the tractor. Moreover, the owner of the tractor, before
taking the tractor outside the yard, had not taken Trade Plate Policy which
would have covered the third party risks. Thus, the owner of the tractor
had committed an illegal act and therefore, the appellant Insurance
Company cannot be made liable to pay compensation. The policy of
insurance (Ex.R1) also shows that the Marine Insurance Policy has been
taken by the owner of the tractor for protecting the goods during
transportation by Rail or Road. The Tribunal without adverting its
attention to the policy of insurance, had directed the appellant Insurance
Company to pay the Award amount which is liable to be set aside. The
claimants had not questioned quantum of compensation awarded by the
Tribunal.
12. A perusal of the records shows that the Tribunal had
passed just compensation. Since the Bajaj Allianz General Insurance
Company Limited is not liable to pay compensation to the claimants the
owner of the tractor namely, M/s. International Tractor Limited, Chennai,
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is directed to pay the entire award amount to the claimants.
13. In the result,
i. The Civil Miscellaneous Appeal is allowed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
ii. The quantum of compensation awarded by the Tribunal is upheld.
iii. The owner of the Tractor, namely, M/s. International Tractor
Limited, Chennai, is directed to pay compensation i.e.
Rs.10,59,420/- to the claimants together with interest at the rate of
7.5% per annum from the date of claim petition till the date of
realisation, within a period of four weeks from the date of receipt of
a copy of this order / uploading of this order to the credit of
M.C.O.P.243 of 2013 on the file of the Motor Accident Claims
Tribunal, Ponneri (In the Court of IV Additional District and
Sessions Judge), Thiruvallur at Ponneri.
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iv. On such deposit being made, the respondents 1 to 3 / claimants are
at liberty to withdraw the same as per the orders passed by the
Tribunal after following due process of law. The ratio of
apportionment made by the Tribunal shall be kept intact.
v. The appellant, Insurance Company is exonerated from paying the
compensation amount and they are at liberty to withdraw the
compensation amount, if already deposited by them.
06.09.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
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To
1. The Motor Accident Claims Tribunal,
Ponneri (In the Court of IV Additional District and Sessions Judge),
Thiruvallur at Ponneri).
2. The Section Officer, VR Section, Madras High Court, Chennai.
R. HEMALATHA, J.
https://www.mhc.tn.gov.in/judis
mtl
06.09.2024
https://www.mhc.tn.gov.in/judis
