The High Court dismissed the insurance company's appeal against the Motor Accidents Claims Tribunal. The court held that the deceased, owning the goods in the vehicle, fell within policy coverage, and the insurer must pay compensation.
The appeal is dismissed. The appellant/Insurance Company is directed to deposit the compensation amount with interest.
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: 17.2.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
Civil Miscellaneous Appeal No.1600 of 2013 M.P.No.1 of 2013
The Divisional Manager, National Insurance Co. Ltd., Pudhucherry.
...Appellant/2nd Respondent in Trial Court
..Vs..
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and decree dated 6.12.2012 made in M.C.O.P.No.883 of 2008 on the file of Principal District Judge (Motor Accidents Claims Tribunal) Puducherry.
For Appellant : Mr.M.Krishnamoorthy For Respondent No.1 to 4 : Ms.A.Celine For Respondent No.5 : Notice unserved For Respondent No.6 : No appearance *****
JUDGMENT
Brief facts of the case is as follows:
On 17.04.2007 at about 5.00 p.m. While the deceased Raj @ Raju was transporting his art picture banners in a Bajaj Auto load carrier bearing registration No.PY-01-Y-4912 from Puducherry to Cuddalore and when the vehicle was running on the Cuddalore road, opposite to AVB Petrol Bunk, Kanniyakoil from north to south, the driver of the load auto drove the vehicle in a rash and negligent manner and hence, vehicle capsized, thereby caused accident, resulting in Raju sustained grievous injuries all over his body and died during treatment at Government hospital, Puducherry. The legal heirs of the deceased have filed a claim petition before the tribunal claiming compensation
of Rs.20,00,000/- against the appellant/Insurance Company and the sixth respondent herein being the owner of the vehicle.
3 Tribunal, based on the oral and documentary evidence adduced by both sides, came to the conclusion that due to rash and negligent driving of the sixth respondent, the accident occurred. The tribunal while awarding compensation of Rs.5,00,000/-to the claimants along with interest at the rate of 7.5% per annum from the date of claim petition till realization, has held that both appellant/Insurance Company and owner of the vehicle viz., sixth respondent herein are jointly and severally liable to pay compensation to the claimants.
8 According to the counsel appearing for the appellant/ Insurance Company, owner of the vehicle, the sixth respondent herein has violated the policy conditions. The deceased Raju travelled in the sixth respondent vehicle as unauthorised passenger and therefore, the Insurance Company is not liable to pay compensation to the claimants. The deceased travelled in the insured vehicle as owner of the goods and the policy of the vehicle would also cover owner of the vehicle. Therefore, the tribunal has rightly fixed the liability on the part of the appellant/Insurance Company and the finding of the tribunal is sustainable in law. As such, there is no warrant to interfere with the award of the tribunal.
9 The appellant/Insurance company is directed to deposit the entire compensation amount awarded by the tribunal along with interest at the rate of 7.5% p.a. from the date of petition till realization, within a period of six weeks from the date of receipt of copy of the judgment after deducting the amount if any already deposited before the tribunal. On such deposit being made by the appellant/Insurance Company, the claimants/respondents are entitled to withdraw the amount by filing appropriate application.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
vaan
To
1.The Principal District Judge (Motor Accidents Claims Tribunal) Puducherry
Copy to: The Section Officer,
V.R.Section, Madras High Court, Chennai-104.
+1cc to Mr.A.Chaline, Advocate, S.R.No.9815
+1cc to Mr.M.Krishnamoorthy, Advocate, S.R.No.9493
Civil Miscellaneous Appeal No.1600 of 2013 M.P.No.1 of 2013
KV(CO)
CB(27/08/2021)
2 issues framed by the court
Whether the Insurance Company is liable for compensation to the claimants given that the deceased was described as an unauthorized passenger in the vehicle.
Whether the condition of the insurance policy excluding unauthorized passengers is applicable when the deceased was also the owner of the goods transported.
2 provisions across 1 enactments
The Divisional Manager, National Insurance Co. Ltd.
Padmavathy
Sangeetha
Kirthika Devi
Praveen Kumar
Viswanathan
D. Krushnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
