In this civil appeal against the dismissal of a fatal accident claim, the High Court of Madras modified the Tribunal's decision by partially upholding the claim for personal accident coverage, directing the insurer to deposit Rs. 1 lakh with interest.
Respondent directed to deposit Rs. 1,00,000 with interest at 7.5% from date of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2020
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
C.M.A.No.3528 of 2019
Vs.
The Oriental Insurance Company Limited, Kumbakonam,
rep. by its Divisional Manager, having his office at 1st floor, Gopal Rao Library Building, Town Hall Road, Kumbakonam and District Munsif ... Respondent
PRAYER:- Civil Miscellaneous Appeal preferred under Section 173 of Motor Vehicles Act against the judgment and decree passed in MCOP No.164 of 2015, dated 12.12.2017 on the file of the Motor Accident Claims Tribunal, District Court, Karaikal.
For Appellants : Mr. T.Saikrishnan
For Respondent : Mr. S.Arunkumar
J U D G M E N T
Aggrieved with the dismissal of the claim petition dated 12.12.2017 in MCOP No.164 of 2015, the claimants are before this Court with this appeal.
It is a case of fatal accident. The claimants are the legal heirs of the deceased, namely, Chinnathambi @ Rajendiran. On 30.03.2015, at about 12.15 p.m., while the deceased was riding a two wheeler in the Singaravelar Salai, Karaikkal opposite to Municipal waste storage yard from south to north direction, a pedestrian suddenly crossed the road. In order to avoid hitting the said person, he turned the two wheeler and fell down, and thereby, sustained fatal injuries, hence, claiming compensation of Rs.50 lakhs, the claim petition has been filed against his own Insurance Company.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mrp
To
The Motor Accidents Claims Tribunal, District Court, Karaikal.
Copy to: The Section Officer, V.R.Section, High Court, Madras-104.
+1cc to Mr.S.Arun Kumar, Advocate, S.R.No.40161 +1cc to Mr.T.Sai Krishnan, Advocate, S.R.No.40826
C.M.A.No.3528 of 2019
RGN(CO) CB(09/11/2021)
1 issue framed by the court
Whether the claim petition against the own insurer is maintainable when the accident occurred due to the deceased's rash driving and lack of valid driving license.
1 provisions across 1 enactments
Devi
Indumathi
Indhu Vijayan
Veerakumar
Vijayakumari @ Saranya
Sugnaya
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
