[Cites 2, Cited by 0]
Madras High Court
M/S.Tata Aig General vs Priya on 21 January, 2026
C.M.A.No.2019 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 15.12.2025
Pronounced on 21.01.2026
CORAM:
THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN
THILAKAVADI
C.M.A.No.2019 of 2021
and C.M.P.No.10946 of 2021
M/s.TATA AIG General
Insurance Company Limited,
Chennai. ...Appellant
Vs.
1.Priya
2.Minor. Jananishri D/o. Late.Subramanian
Represented by next friend and mother Priya.
3.Chellammal
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the decree and judgment dated
12.06.2020 passed in M.C.O.P.No.811 of 2015 on the file of the Motor
Accident Claims Tribunal, (Mahila Sessions Court) at Perambalur.
For Appellant : Mr. J.Michael Visuvasam
For Respondents : No appearance
Page 1 of 8
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C.M.A.No.2019 of 2021
JUDGMENT
The Civil Miscellaneous Appeal is preferred against order dated
12.06.2020 passed in M.C.O.P.No.811 of 2015 on the file of the Motor
Accident Claims Tribunal, (Mahila Sessions Court) at Perambalur.
2. Shortly stated, that as per claims of the petitioners, the accident
took place 21.06.2016 on Musiri-Thuraiyur route. The deceased,
Subramanian, was driving the motor cycle bearing Registration
No.TN-28-AJ-7792, Hero Honda Splender Plus and dashed against a
pedestrian. As result of the accident, the deceased, Subramnian sustained
multiple fatal injuries who succumbed to the accidental injuries on
02.07.2016. FIR was registered by the Jembunathapuram police.
3. The claimants as legal heirs of the deceased Subramanian, have
filed the Claim Petition, claiming a sum of Rs.15,00,000/- for the death of
the deceased. In the claim petition it was averred that the deceased was 40
years and was earning a sum of Rs.10,000/- per month by doing
agricultural work and by carrying on Salt and Dal export business.
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4. The claim of the claimants was resisted by the respondents
stating that the deceased being a party to the contract is not a third party
and hence, the claim is not maintainable before the Motor Accident
Claims Tribunal. It is further stated that the deceased has driven the
vehicle bearing Reg.No.TN-28-AJ-7792 without a valid and effective
driving license at the time of the accident and therefore, violated the
provisions of the Motor Vehicle Act, as well as the terms and conditions
of the policy. Hence, the respondent is not liable to pay any compensation
to the petitioners and prayed for dismissal of the claim petition.
5. The Tribunal, partly allowed the Claim petition and passed an
award of compensation to a tune of Rs.1,00,000/- and directed the
respondent to deposit the compensation amount within period of one
month from the date of receipt of copy of the said Order, by holding that
in a claim petition under Section 163A of MV Act, the question whether
the deceased is a tortfeaser or a third party, owner or driver does not arise.
It is further held that under Ex.R5 Policy copy, the deceased has paid
Rs.50/- towards personal accident cover and applying the principles laid
down in Divisional Manager, United India Insurance Company Ltd. Vs.
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R. Rekha & Others reported in 2018 ACJ 796 : 2017 (2) TNMAC 674
(DB), concluded that the claimants are entitled to Rs.1,00,000/- towards
personal accident cover.
6. Assailing the same, the present appeal is preferred by the
appellant/ Insurance Company. The learned counsel for the appellant/
Insurance Company would submit that an owner / insured cannot
approach the Motor Accidents Claims Tribunal by filing a claim petition
under Section 163A of the Motor Vehicle Act, 1988, for the injuries
sustained by him relying upon the personal accident cover. It is open for
the claimants to approach the claimants forum or any other appropriate
forum to make their claim. To support his contention, he has relied upon
the judgment in the case of TATA AIG General Insurance Company
Limited reported in 2024 (2) TN MAC 305 (DB) in which it is held that,
an owner / insured cannot approach the Motor Accident Claims Tribunal
by filing a claim petition under Section 163A of the Motor Vehicles Act,
1988, for the injury sustained by him relying upon the personal accident
cover.
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7. The learned counsel for the appellant submitted that even under
personal accident cover for owner / driver no compensation shall be
payable in respect of death or bodily injury if such accident happens
while the injured is under the influence of intoxicating liquor or drugs and
moreover the personal accident cover is subject to only when the owner /
driver holds an effective driving license. He would submit that in the
present case there is sufficient evidence to prove that the injured was
under the influence of alcohol and was not having effective driving
license at the time of accident. Hence, he is not liable to any
compensation under the personal accident cover.
8. Despite notice, the respondents remained absent.
9. Heard. Records perused.
10. The Appellant/Insurance Company has questioned the very
invocation of the Tribunal by stating that the deceased cannot be treated
as a third party to the accident, besides raising other defences. The
Tribunal ultimately granted compensation of a sum of Rs.1,00,000/-,
which is payable under the personal accident cover in the insurance
policy.
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11. Aggrieved by the said award, the Insurance Company had come
forward with the civil miscellaneous appeal. Applying the principles laid
down by this Court in the cited case by the learned counsel for the
appellant for the similar facts, this Court also holds that the claimants
cannot approach the Motor Accident Claims Tribunal for the death of the
deceased / Owner / Insured by filing a claim petition under Section 163 A
of the Motor Vehicles Act, 1988, who has taken a personal accident cover.
As observed in the above cited judgment, the claimants are not prevented
from claiming compensation from the insurer, having taken a personal
accident cover. However, the claims Tribunal is not the forum, before
which the claimants can make their claim, as the deceased is not a third
party. It is open to the claimants to approach the insurer on the basis of
the personal accident cover. In case, the insurance Company fails to
compensate him, it is well open to him to approach the consumer forum
or any other appropriate forum. All other questions are left to the
Insurance Company to take appropriate decision in accordance with law.
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12.In the result,
i. the civil miscellaneous appeal is allowed. No costs. Consequently
connected miscellaneous petition is closed.
ii. The decree and judgment dated 12.06.2020 passed in
M.C.O.P.No.811 of 2015 on the file of the Motor Accident Claims
Tribunal, (Mahila Sessions Court) at Perambalur, is set aside.
21.01.2026
Index: Yes/No
Internet: Yes/No
Speaking/Non-Speaking order
vsn/bga
To
1. The Mahila Sessions Judge, Motor Accident Claims Tribunal
Perambalur. Mahila Court
(Motor Accident Claims Tribunal)
Perambalur.
2. The Section Officer, VR Section, High Court, Madras.
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K.GOVINDARAJAN THILAKAVADI,J
vsn/bga
Pre delivery Judgment in
21.01.2026
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