The Oriental Ins.Co Ltd v. Jagan@Jagadeesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.105 of 2015 and M.P.No.1 of 2015 The Oriental Insurance Co. Ltd., Third Party Claims Cell, Thiruvallur.

... Appellant/2nd Respondent Vs.

1.Jagan @ Jagadeesan ...1st Respondent/ Petitioner 2.Selvaraju ..2nd Respondent /1st Respondent 3.The Insurance Regulatory Development Authority Hyderabad.

4.Union of India rep by its Secretary Ministry of Law Justice & Company Affairs New Delhi.

5.Union of India represented by its Secretary Ministry of Road and Surface Transport New Delhi.

6.State of Tamil Nadu represented by its Secretary Transport Department Fort St. George, Chennai.

7.The Director General of Police, Mylapore, Chennai.

... Respondents (RR3 to 7 suo motto impleaded vide order of this Court dated 18.02.2015 made in C.M.A.No.105 of 2015 & M.P.No.1 of 2015)

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 19.08.2014 made in M.C.O.P.No.180 of 2013 on the file of Motor Accidents Claims Tribunal, Sub Court, Ponneri. For Appellant : Mrs.C.Harini for Mr.N.Vijayaraghavan For R1 : Mr.N.Ramesh for Mr.R.Suresh Kumar For R2 : No appearance For R3 : Mr.M.B.Raghavan for Mr.M.B.Gopalan For R4 and R5 : Ms.S.S.Meenakumari Senior Central Govt. Standing Counsel

J U D G M E N T

This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company challenging the award dated 19.08.2014 made in M.C.O.P.No.180 of 2013 on the file of Motor Accidents Claims Tribunal, Sub Court, Ponneri. 2.The appellant/Insurance Company is the 2nd respondent in M.C.O.P.No.180 of 2013 on the file of Motor Accident Claims Tribunal, Sub Court, Ponneri. The 1st respondent filed the said claim petition claiming a sum of Rs.3,00,000/- as compensation for the injuries sustained by him in the accident that took place on 30.01.2012.

3.According to the 1st respondent, on the date of accident i.e. on 30.01.2012 at about 04.15 p.m., while he was riding in his motorcycle from Ponneri to Thatchur Kootroad in Redhills Road, a tanker lorry belonging to the 2nd respondent came in the same direction driven by its driver in a rash and negligent manner, hit the motorcycle and caused the accident. In the accident, the 1st respondent sustained grievous injuries and therefore, he has filed the above claim petition claiming compensation.

4.The 2nd respondent/owner of the tanker lorry remained exparte before the Tribunal.

5.The appellant/Insurance Company filed counter statement

denying the averments made by the 1st respondent and contended that there was delay in lodging the complaint and registering F.I.R. The accident has not occurred due to rash and negligent driving by the driver of the tanker lorry belonging to the 2nd respondent and therefore, the appellant/Insurance Company is not liable to pay compensation.

6.Before the Tribunal, the 1st respondent examined himself as P.W.1 and one Dr.J.R.R.Thiyagarajan was examined as P.W.2 and marked ten documents as Exs.P1 to P10. The appellant did not let in any oral and documentary evidence.

7.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the tanker lorry belonging to the 2nd respondent and directed the appellant/Insurance Company to pay a sum of Rs.2,24,500/- as compensation to the 1st respondent.

8.Against the said award dated 19.08.2014 made in M.C.O.P.No.180 of 2013, granting compensation to the 1st respondent, the appellant/Insurance Company has come out with the present appeal questioning the liability fastened on them. 9.The learned counsel appearing for the appellant/Insurance Company contended that the policy issued by the appellant was only a Carrier Legal Liability Policy and not a Motor Policy, which does not cover third party liability. The Tribunal without properly appreciating the policy, erroneously fastened the liability on the appellant/Insurance Company and prayed for setting aside the award of the Tribunal.

10.Though notice was served on the 2nd respondent and his name is printed in the cause list, there is no representation on behalf of him either in person or through counsel. 11.Heard the learned counsel appearing for the appellant/Insurance Company as well as the learned counsel appearing for the 1st respondent, 3rd respondent and the learned Senior Central Government Standing Counsel appearing for the respondents 4 & 5 and perused all the materials available on record.

12.From the materials available on record, it is seen that the appellant/Insurance Company has not taken a plea in the counter statement filed before the Tribunal that the policy issued by them is not a Motor Policy and it is only a Carrier Legal Liability Policy, which does not cover third party liability. The appellant has also not let in any evidence to prove that the policy does not cover third party liability. The appellant without any pleadings before the Tribunal cannot contend that the policy issued by the appellant is only a Carrier Legal Liability Policy and not a Motor Policy and it

does not cover third party liability. In view of the above, the award of the Tribunal does not warrant any interference by this Court and the same is hereby confirmed.

13.In the result, this Civil Miscellaneous Appeal is dismissed and the sum of Rs.2,24,500/- awarded by the Tribunal as compensation to the 1st respondent along with interest and costs is confirmed. The appellant/Insurance Company is directed to deposit the entire amount awarded by the Tribunal along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the 1st respondent is permitted to withdraw the award amount along with interest and costs, less the amount if any, already withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kj To 1.The Subordinate Judge, Motor Accidents Claims Tribunal Ponneri.

+1cc to Mr.N.Vijayaragavan , Advocate SR.No. 2819 +1cc to Mr.R.Suresh Kumar , Advocate SR.No. 2106 +1cc to M/s.Meena Kumari, Advocate SR.No. 2152 C.M.A.No.105 of 2015 BA co A.SK(27.04.2021)