The Court allowed an appeal against the Motor Accident Claims Tribunal's dismissal. It held that the pillion rider, though the vehicle owner, is entitled to compensation under the insurance policy. The Tribunal was directed to pay Rs.15,000 based on 15% disability.
Appeal allowed; 2nd respondent directed to pay Rs.15,000 with interest at 7.5% from 06.07.2017.
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.
C.M.A(MD)No.586 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.586 of 2019
P.Panneerselvam ... Appellant/Claimant
Vs. 1.M.Kalidoss 2.The Divisional Manager, National Insurance Company Limited, 3A, North Veli Street, HUB., Divisional Office, Madurai. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Order Section 173 of the Motor Vehicles Act, to enhance the compensation amount in M.C.O.P.No.1073 of 2017 on the file of Motor Accident Claims Tribunal/Chief Judicial Magistrate, Madurai.
For Appellant : Mr.K.Kumaravel For R2 : Mr.A.S.Mathialagan
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JUDGEMENT
The present appeal has been filed by the claimant challenging an award passed by the Motor Accident Claims Tribunal, dismissing the claim petition in entirety.
be entitled to receive any compensation from the insurance company. https://www.mhc.tn.gov.in/judis
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C.M.A(MD)No.586 of 2019
had travelled as a pillion rider and he was thrown away from the said vehicle and he has sustained injuries. There is no involvement of offending vehicle in the said accident.
other amount under the personal accident cover or under Section 166 of https://www.mhc.tn.gov.in/judis
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C.M.A(MD)No.586 of 2019
the Motor Vehicles Act.
Appeal is allowed to the extent as stated above. No costs.
20.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg
To
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A(MD)No.586 of 2019
R.VIJAYAKUMAR ,J.
gbg
Order made in C.M.A(MD)No.586 of 2019
20.03.2023
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2 issues framed by the court
Whether a pillion rider and owner of a vehicle is entitled to compensation from the insurance company for accidental injuries sustained in a single vehicle accident involving rash and negligent drivin
Whether the claimant is entitled to proportionate compensation under the personal accident cover based on disability percentage.
2 provisions across 1 enactments
P.Panneerselvam
M.Kalidoss
The Divisional Manager, National Insurance Company Limited
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
