Devi v. The Oriental Insurance Co Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2020

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN C.M.A.No.3528 of 2019

1. Devi

2. Indumathi

3. Indhu Vijayan

4. Veerakumar

5. Vijayakumari @ Saranya

6. Sugnaya ... Appellants Vs.

The Oriental Insurance Company Limited, Kumbakonam, rep. by its Divisional Manager, having his office at 1st floor, Gopal Rao Library Building, Town Hall Road, Kumbakonam and District Munsif ... Respondent PRAYER:- Civil Miscellaneous Appeal preferred under Section 173 of Motor Vehicles Act against the judgment and decree passed in MCOP No.164 of 2015, dated 12.12.2017 on the file of the Motor Accident Claims Tribunal, District Court, Karaikal.

For Appellants : Mr. T.Saikrishnan For Respondent :

Mr. S.Arunkumar

J U D G M E N T

Aggrieved with the dismissal of the claim petition dated 12.12.2017 in MCOP No.164 of 2015, the claimants are before this Court with this appeal.

2. The brief facts leading to file the claim Petition is as follows :

It is a case of fatal accident. The claimants are the legal heirs of the deceased, namely, Chinnathambi @ Rajendiran. On 30.03.2015, at about 12.15 p.m., while the deceased was riding a two wheeler in the Singaravelar Salai, Karaikkal opposite to Municipal waste storage yard from south to north direction, a pedestrian suddenly crossed the road. In order to avoid hitting the said person, he turned the two wheeler and fell down, and thereby, sustained fatal injuries, hence, claiming compensation of Rs.50 lakhs, the claim petition has been filed against his own Insurance Company.

3. The respondent/Insurance Company contested the claim petition, interalia contended that the policy relied upon by the claimants has no coverage for the owner cum driver of the motorcycle and the claim petition is not maintainable against their own insurer. That apart, the deceased was not holding valid driving licence to drive the same and on his own fault, the deceased sustained fatal injuries and hence, the Insurance Company is not liable to pay any compensation.

4. In order to prove the claim, the Appellants/claimants examined P.W.1 and P.W.2 and marked as many as 11 documents. On the side of the respondent, neither any witness nor documentary evidence has been adduced.

5. The Tribunal, after considering the oral and documentary evidence, dismissed the claim petition on the ground that the accident has taken place due to the rash and negligent driving of the deceased. That apart, the deceased also does not possess valid driving license on the date of accident. The Insurance Company is only liable to compensate third party and the claimants, being the legal heirs of the deceased and the Insured cannot maintain the claim petition against the insurance Company. That apart, even for personal accident coverage, no additional premium has been paid. Challenging the same, the claimants are before this Court with this appeal.

6. Heard both sides and perused the materials available on records carefully.

7. Admittedly, the claim has been made against the own Insurance Company, which is not maintainable. So far as the driving license is concerned, it is stated that even though the deceased have valid driving license, he has lost the license at the time of accident hence, the claimants could not produce the driving licence.

8. So far as the personal accident claim is concerned, it could be seen that the claimants have paid a total premium of Rs.1,413/- and at the time of accident, there is a valid insurance policy. Eventhough the Tribunal has held that no additional premium has been paid, considering the above circumstances, this Court is of the view that the first petitioner is entitled for a sum of Rs.1,00,000/-(Rupees One Lakh) in total along with interest at the rate of 7.5% from today till the date of payment and the first petitioner/wife of the deceased, namely , Devi, is only entitled to get the same sum.

9. In the result, this Civil Miscellaneous Appeal is partly allowed and the respondent/ Insurance compensation is directed to deposit a sum of Rs.1,00,000/-(Rupees One Lakh only) together with interest at together with interest at the rate of 7.5% per annum from the date of judgment and decree, i.e., 10.12.2020 till the date of deposit. The 2nd respondent/Insurance Company is directed to deposit the said sum within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the first appellant/wife of the deceased, namely Devi, is permitted to withdraw the same. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To The Motor Accidents Claims Tribunal, District Court, Karaikal.

Copy to:

The Section Officer, V.R.Section, High Court, Madras-104.

+1cc to Mr.S.Arun Kumar, Advocate, S.R.No.40161 +1cc to Mr.T.Sai Krishnan, Advocate, S.R.No.40826 C.M.A.No.3528 of 2019 RGN(CO) CB(09/11/2021)