Madras High Court
Icici Lombard General Insurance Co Ltd vs Sampath on 4 June, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CMA No. 1354 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-06-2025
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI
CMA No. 1354 of 2025
AND
CMP NO. 11516 OF 2025
ICICI Lombard General Insurance Co Ltd
Chottabai Centre, 2nd Floor, No.140,
Nungambakkam High Road, Chennai 34.
Appellant
Vs
1. Sampath
2.G. Selvaraj
Respondents
PRAYER :- Civil Miscellaneous Appeal filed under Sec.173 of Motor
Vehicles Act, praying to set aside the order dated 20.11.2024 made in MCOP
No.1899 of 2016 Special Sub Court No.1, Motor Accidents Claims Petitions,
Small Causes Court, Chennai.
For Appellant: Mr. Siva Kollapan B
1/5
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CMA No. 1354 of 2025
JUDGMENT
The appellant, who is the 2nd respondent in a claim petition filed in
M.C.O.P.No. 1899 of 2016, challenging the award passed by the Tribunal,
had preferred this Civil Miscellaneous Appeal.
2. Before the tribunal, the Claim Petition was filed by the 1st
respondent/petitioner claiming compensation to the tune of Rs.6,00,000/- for
the injuries sustained by the petitioner in a motor took place on 06.02.2016.
On hearing both sides, the tribunal passed an award for a sum of
Rs.1,49,000/-. Against which, the appellant insurance company preferred this
Civil Miscellaneous Appeal.
3. The learned counsel for appellant would submit that by submitting
fake policy, the petitioner filed the above claim petition by using the appellant
as 2nd respondent as if his motorcycle vehicle was registered with the
appellant insurance company. Though objections raised before the Tribunal,
the learned Judge has not appreciated the evidence adduced on the side of
appellant/2nd respondent before the Tribunal. Therefore, the appellant prayed
to set aside the findings of the tribunal as it is perverse and erroneous one.
4. The main objections raised on the side of appellant is that the policy
relied on by the petitioner is a fake policy and they have also produced the
said policy marked as Ex.R5. On a bare perusal of records, the fact reveals
that the accident was happened in the year of 2016 and the counter objections
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was filed by the appellant/2nd respondent Insurance Company before the
Tribunal on 13.10.2019, but there is no such allegation regarding fake policy
mentioned in the counter objections. Thereafter, the investigation officer is
also appointed to enquire about the accident, even at that time the plea of fake
policy was not raised. Only in the year of 2023, an online complaint was
given by the appellant Insurance Company to the police regarding fake
policy. Thereafter, there was no follow-up. Hence, the Tribunal has come to a
conclusion that the appellant Insurance Company is liable to pay
compensation. If at all, the policy is fake, the appellant ought to have taken
steps much earlier, since the accident was happened in the year 2016 and
nearly about 8 years later, they have taken steps to prove that it is a fake
policy. On a bare perusal of Ex.R5, there is a seal of insurance company along
with the signature of authorised officer. If the appellant insurance company is
disputing the policy is fake, they ought to have taken steps to send the policy
for obtaining expert opinion, but no steps taken, without which the Court is
unable to conclude that it is a fake policy. Therefore, the findings rendered by
the Tribunal is sustainable one, which needs no interference. Accordingly, this
Civil Miscellaneous Appeal is dismissed as no merit. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
04-06-2025
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Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
rpp
To
1. Special Sub-Court No.1, Motor Accident Claims Tribunal, Small Causes
Court, Chennai.
2. Section Officer, VR Section, Madras High Court.
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T.V.THAMILSELVI J.
rpp
AND CMP NO. 11516
OF 2025
04-06-2025
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