Appeal against an award where the Tribunal noted accident victims were gratuitous passengers in a goods vehicle. The Court held the insurance company was not liable and set aside the award.
The compensation award and decree dated 28.03.2014 were set aside; the Appellant permitted to withdraw the deposited amount.
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
FRIDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE
PRESENT:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.3260 of 2014
National Insurance Company Limited, No. 37/2E, Salem Main Road, Mettur Dam R.S.P.G. No. 19, Mettur Dam, Salem District - 636 402.
...Appellant /2nd respondent
Vs
(Exparte before the Tribunal 1 & 3 Respondents)
...Respondents/Petitioner/Respondents 1 & 3
PRAYER:-
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and Decree dated 28.03.2014 made in M.A.C.T.O.P. No. 907 of 2010 on the file of Motor Accidents Claims Tribunal / 2nd Additional District Court, Salem.
DECREE:-
This Civil Miscellaneous Appeal coming on for hearing, upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Ms.N.B.Surekha, Advocate for the Appellant and of Mr.S.P.Yuvaraj, Advocate for the respondent 1, 2nd respondent none appeared in person or by advocate and the 3rd respondent herein having remained set exparte before the tribunal and notice may be dispensed with as per order dated 24.09.2021 and this Court observed that if the accident victims were travelling in a goods vehicle and they were gratuitous passengers, the Insurance company is not liable to pay the compensation and the Court for the Appellant / Insurance Company has already been deposited the award amount before the tribunal, this Court while
allowing the Civil Miscellaneous Appeal, doth order and decree as follows:-
Sd/-
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
ab/nl
To
Copy to:
The Section Officer, V.R.Section, High Court of Madras.
+1cc to M/s.N.B.Surekha, Advocate, S.R.No.54323 & 54324
+1cc to Mr.S.P.Yuvaraj, Advocate, S.R.No.54343
DATED : 22.10.2021 DECREE C.M.A.No.3260 of 2014 Allowing the Civil Miscellaneous Appeal preferred against the Judgment and Decree dated 28.03.2014 made in M.A.C.T.O.P. No. 907 of 2010 on the file of Motor Accidents Claims Tribunal / 2nd Additional District Court, Salem, etc., as stated therein.
PP(CO) SU(23/11/2021)
1 issue framed by the court
Whether the compensation award made by the Motor Accidents Claims Tribunal against the insurance company is sustainable upon the finding that accident victims were gratuitous passengers in a goods veh
1 provisions across 1 enactments
National Insurance Company Limited
Latha
Sekar
P.Velu
Abdul Qudhis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
