Krishnaveni v. K.Velayutham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Krishnaveni ...Appellant Vs 1.K.Velayutham 2.The Divisional Manager, The Oriental Insurance Company Limited, Hub 3rd Party Claims, Vijayalakshmi Complex, 1st Floor, No.32/13, Phase II, Sathuvacheri, Vellore - 632.

...Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 praying to enhance and to set aside the award dated 14.09.2021 and made in M.A.C.T.O.P.No.816 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Tiruvannamalai. 1/4

For Appellant :

Ms.A.Subadra For R1 :

Served - No appearance For R2 :

Mr.S.Arunkumar JUDGEMENT The claimants have filed, challenging the exoneration of the Insurance Company from its liability to compensate the claimant. 2.

The second respondent-Insurance Company has filed Ex.R1-Policy, which shows that the said policy is a liability only policy for the period from 02.10.2018 to 01.10.2019, which does not cover the pillion rider and no additional premium has been paid for the same. 3.

It appears that the appellant has filed the Policy for the earlier period (i.e) from 08.10.2017 to 07.10.2018, which is marked as Ex.P10 which once again is liability only policy. Therefore, the Tribunal below has rightly rejected the claim petition filed by the appellant. I do not find any 2/4

reason to interfere with the order of the Tribunal below. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs in the present appeal.

08.07.2022 Index : Yes/No Speaking order/non-speaking order srn To 1.The Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

2. The Section Officer, V.R.Section, High Court, Madras 3/4

P.T.ASHA, J., srn 08.07.2022 4/4