Raja v. S Kumar
Case brief
What is this about?
Appellants appealed against the Tribunal's award granting compensation to the deceased's family under personal accident coverage. The High Court held that as the deceased was the vehicle owner, he could not claim compensation for the driver's negligence and dismissed the appeal confirming the Tribunal's order.
What did the court decide?
The appeal was dismissed and the Tribunal's award dated 24.01.2020 was confirmed.
What the court decided
C.M.A.No.1531 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
Civil Miscellaneous Appeal No.1531 of 2021
- 1.Raja
- 2.Indra ... Appellants / Petitioners
Vs.
- S. Kumar
- The Divisional Manager, Reliance Insurance Company Ltd., Adams Road, Nungambakkam, Chennai – 600 032. ... Respondents / Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree dated 24.01.2020 made in M.C.O.P.No.249 of 2018, on the file of the Motor Accidents Claims Tribunal, III Additional District Court, Vellore at Tirupattur.
Issues for consideration
3 issues framed by the court
Whether the claimants are entitled to compensation under Section 166 of the Motor Vehicles Act when the deceased owner-driver was also travelling in his own insured vehicle.
Whether compensation for the deceased in his capacity as cleaner in the vehicle is payable under personal accident coverage.
Whether the Tribunal committed an infirmity by awarding compensation based on personal accident coverage instead of third party liability.
Parties & counsel
- appellant
Raja
- appellant
Indra
- respondent
S. Kumar
- respondent
The Divisional Manager, Reliance Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
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