Allowed

National Insurance Co.Ltd., v. K.Kaliappa Pillai

Madras HC30 Nov 2016CMA(MD)/1395/2016

Case brief

AI extract

What is this about?

The Madras High Court allowed appeals by the National Insurance Company setting aside Motor Accident Claims Tribunal awards. The court held that passengers traveling unauthorizedly in a goods vehicle are not statutorily covered under Section 147 of the Motor Vehicles Act.

What did the court decide?

The awards passed in M.C.O.P.Nos.226 to 230, 233 to 239 and 280 of 2005 dated 31.10.2008 are set aside and Civil Miscellaneous Appeals are allowed.

National Insurance Co.Ltd., Vs K.Kaliappa… — Contract and Commercial Disputes | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 30.11.2016

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CORAM:

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THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM

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C.M.A.(MD)Nos.1395 to 1407 of 2016 and C.M.P(MD)Nos.11743 to 11753 of 2016

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National Insurance Co.Ltd., Rep.by its Branch Manager, 19 A, Sub Collector Office Road, Dindigul. ... Appellant/2^nd Respondent in all CMA

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Vs.

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1.K.Kaliappa Pillai ... Respondent-1/Claimant 2.V.Ramasamy ... Respondent-2/Respondent-1 in C.M.A.(MD)No.1395 of 2016

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1.R.Muthulakshmi ... Respondent-1/Petitioner 2.V.Ramasamy ... Respondent-2/Respondent-1 in C.M.A.(MD)No.1396 of 2016

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1.M.Ramasamy ... Respondent-1/Respondent-1 2.V.Ramasamy ... Respondent-2/Respondent-1 in C.M.A.(MD)No.1397 of 2016 1.A.Valliammal ... Respondent-1/Petitioner 2.V.Ramasamy ... Respondent-2/Respondent-1 in C.M.A.(MD)No.1398 of 2016 1.G.Pushpam ... Respondent-1/Petitioner 2.V.Ramasamy ... Respondent-2/Respondent-1 in C.M.A.(MD)No.1399 of 2016 1.V.Nagammal ... Respondent-2/Respondent-1 2.v.Ramasamy ... Respondent-2/Respondent-1 in C.M.A.(MD)No.1400 of 2016

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1.P.Theertham ... Respondent-1/Petitioner https://hcservices.ecourts.gov.in/hcservices/ 2.V.Ramasamy ... Respondent-2/Respondent-1 in C.M.A.(MD)No.1401 of 2016

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1.V.Subramani	... Respondent-1/Petitioner
2.V.Ramasamy	... Respondent-2/Respondent-1 in C.M.A.(MD)No.1402 of 2016
1.C.Marudhu Pillai	... Respondent-1/Petitioner
2.V.Ramasamy	... Respondent-2/Respondent-1 in C.M.A.(MD)No.1403 of 2016
1.S.Jothi	... Respondent-1/Petitioner
2.V.Ramasamy	... Respondent-2/Respondent-1 in C.M.A.(MD)No.1404 of 2016
1.M.Angammal	... Respondent-1/Petitioner
2.V.Ramasamy	... Respondent-2/Respondent-1 in C.M.A.(MD)No.1405 of 2016
1.V.Selvaraj	... Respondent-1/Petitioner
2.V.Ramasamy	... Respondent-2/Respondent-1 in C.M.A.(MD)No.1406 of 2016
1.Minor Kaleeswari, D/o.Theertham, Rep. By Mother and Natural Guardian Theertham.	... Respondent-1/Petitioer
2.V.Ramasamy	... Respondent-2/Respondent-1
	in C.M.A.(MD)No.1407 of 2016

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Prayer in CMA(MD). 1395/ 2016 :

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Civil Miscellaneous Appeal filed under Section 173 of M.V.Act, against the judgment and decree dated 31.10.2008 in M.C.O.P.No.226 of 2005 passed by the Motor Accident Claims Tribunal, Additional Sub Judge, Dindigul.

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Prayer in CMA(MD). 1396/ 2016 :

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To set aside the Judgment and Decree Dated 31/10/2008 and made in MCOP No.227 of 2005 on the file of the MACT / Additional Sub Judge, Dindigul and thus render justice.

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Prayer in CMA(MD). 1397/ 2016 :

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To set aside the Judgment and Decree Dated 31/10/2008 and made in MCOP No.228 of 2005 on the file of the MACT / Additional Sub Judge, Dindigul and thus render justice.

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Prayer in CMA(MD). 1398/ 2016 :

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To set aside the Judgment and Decree Dated 31/10/2008 and https://hcservices.ecourts.gov.in/hcservices/ made in MCOP No.229 of 2005 on the file of the MACT / Additional

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Sub Judge, Dindigul and thus render justice.

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Prayer in CMA(MD). 1399/ 2016 :

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To set aside the judgment and decree dt. 31/10/2008 and made in MCOP.No.230/2005 on the file of the Motor Accident Claims Tribunal / Additional Sub Judge, Dindigul.

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Prayer in CMA(MD). 1400/ 2016 :

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To set aside the judgment and decree dt. 31/10/2008 and made in MCOP.No.233/2005 on the file of the Motor Accident Claims Tribunal / Additional Sub Judge, Dindigul.

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Prayer in CMA(MD). 1401/ 2016 :

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To set aside the judgment and decree dt. 31/10/2008 and made in MCOP.No.234/2005 on the file of the Motor Accident Claims Tribunal / Additional Sub Judge, Dindigul.

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Prayer in CMA(MD). 1402/ 2016 :

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To set aside the judgment and decree dt. 31/10/2008 and made in MCOP.No.235/2005 on the file of the Motor Accident Claims Tribunal / Additional Sub Judge, Dindigul.

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Prayer in CMA(MD). 1403/ 2016 :

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To set aside the judgment and decree dt. 31/10/2008 and made in MCOP.No.236/2005 on the file of the Motor Accident Claims Tribunal / Additional Sub Judge, Dindigul.

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Prayer in CMA(MD). 1404/ 2016 :

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To set aside the judgment and decree dated 31/10/2008 and made in M.C.O.P.No.237 of 2005 on the file of the Motor Accident Claims Tribunal/Additional Sub-Judge, Dindigul and thus render justice.

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Prayer in CMA(MD). 1405/ 2016 :

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To set aside the judgment and decree dated 31/10/2008 and made in M.C.O.P.No.238 of 2005 on the file of the Motor Accident Claims Tribunal / Additional Sub-Judge, Dindigul and thus render justice.

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Prayer in CMA(MD). 1406/ 2016 :

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To set aside the judgment and decree dated 31/10/2008 and made in M.C.O.P.No.239 of 2005 on the file of the Motor Accident Claims Tribunal / Additional Sub-Judge, Dindigul and thus render justice.

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Prayer in CMA(MD). 1407/ 2016 :

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To set aside the judgment and decree dated 31/10/2008 and made in M.C.O.P.No.280 of 2005 on the file of the Motor Accident Claims Tribunal / Additional Sub-Judge, Dindigul and thus render justice.

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https://hcservices.ecourts.gov.in/hcservices/

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For Appellants : Mr.R.Srinivasan (All CMA)

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COMMON JUDGMENT

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These Civil Miscellaneous Appeals are filed against the judgment and decree dated 31.10.2008 in M.C.O.P.Nos.226 to 230,233 to 239 and 280 of 2005 passed by the Motor Accident Claims Tribunal, Additional Sub Judge, Dindigul.

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2.It is a case of an injury caused on account of an accident took place on 20.01.2002 around 6.00 a.m. near Chokkalingampuram Pirivu. The injured victims filed their respective applications before the Motor Accident Claims Tribunal, Additional Sub Judge, Dindigul and the Tribunal considering the facts and circumstances of the cases, passed awards granting compensation to all the victims. Challenging the same, the appellant / National Insurance Company preferred these appeals mainly on the ground of liability stating that there is no contractual liability between the appellant / Insurance Company and the injured claimants and further, it is not statutorily covered.

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3.The factum of the accident is that nearly 25 passengers were traveling in a goods carrier unauthorizedly. All the injured victims were said to be the agricultural coolies and was proceeding for a marriage. But they were traveling unauthorizedly in a goods carrier, which is statutorily prohibited. Therefore, the appellant / Insurance Company is not liable to pay compensation under Section 147 of the M.V.Act. Under the said provision, such unauthorized passengers in a goods carrier are not entitled to seek compensation from the appellant / Insurance Company and there is no contractual obligations on the part of the appellant / Insurance company to pay compensation.

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4.It is a settled principle of law that the owner of the vehicle is not statutorily liable to pay compensation to the passengers, who were travelled in a goods vehicle and therefore, the Insurance Company is not liable therefor. Hence, the appellant / Insurance company is not liable to pay compensation for such passengers. The respondents / claimants were traveling in a goods carrier as gratuitous passengers and therefore, the Tribunal has committed an error in granting compensation in respect of the gratuitous passengers.

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5.Further ordering of pay and recovery is also untenable in view of the fact that the appellant / Insurance Company is totally exonerated under the provisions of Section 147 of the M.V.Act.

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6.Such being the settled legal position, this Court is inclined to consider the grounds for appeals and accordingly, the https://hcservices.ecourts.gov.in/hcservices/ award passed in M.C.O.P.Nos.226 to 230, 233 to 239 and 280 of 2005 dated 31.10.2008 is set aside and the Civil Miscellaneous Appeals are allowed. No costs. Consequently, connected C.M.Ps.are

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closed.

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7.If the appellant / Insurance company had deposited any amount in the account of M.C.O.Ps. the appellant is permitted to withdraw the same with accrued interest by filing necessary applications before the Tribunal.

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Sd/-

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Assistant Registrar (CO)

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/True Copy/

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Sub Assistant Registrar

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The Motor Accident Claims Tribunal, Additional Subordinate Judge, Dindigul.

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1 CC TO Mr.R.SRINIVASAN, ADVOCATE IN SR No. 78606

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NBJ

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TE/MR-VB : 08/02/2017 : 5P/3C

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C.M.A.(MD)Nos.1395 to 1407 of 2016 and C.M.P(MD)Nos.11743 to 11753 of 2016 30.11.2016

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https://hcservices.ecourts.gov.in/hcservices/

National Insurance Co.Ltd., v. K.Kaliappa Pillai

Case brief

What is this about?

What did the court decide?

National Insurance Co.Ltd., v. K.Kaliappa Pillai

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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