The United India Insurance v. P.Sivathanu Pillai,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.10535 of 2016 The United India Insurance Company Limited, Nagercoil, represented by its Branch Manager having his office at Nagercoil.

... Appellant Vs.

1.P.Sivathanu Pillai 2.S.Subramanian 3.S.Padmanahan 4.Karthikeyan ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the Judgment and Decree passed in M.C.O.P.No.196 of 2011, dated 01.10.2013, by the Motor Accident Claims Tribunal, Principal District Court, Tirunelveli.

For Appellant : Mr.C.Jawahar Ravindiran For R1 to R3 : Mr.C.Raja Kumar ***** 1/4

JUDGMENT

This Civil Miscellaneous Appeal is preferred by the Insurance Company.

2. It is a case of fatal. The contention of the Insurance Company is that the owner of the car is the husband. His wife had travelled in the car and died in the accident. The contention of the Insurance Company is that the car is covered under liability only policy with personal accident cover for the driver and owner. The husband is the owner of the car and the wife cannot be considered as driver. The insurance company has no liability to settle the claim of the passenger of the vehicle. Since the personal accident policy alone would cover, the compensation can be granted only for the husband as Driver and owner of the car but not to the wife who has travelled in the car as a passenger.

3. It is seen that the insurance company had not marked the policy before the Tribunal. Hence the contention of the insurance company is rejected. The accident occurred on 24.09.2003 and the award amount is only Rs.3,02,837/-. Therefore, this Court is not interfering in the award. 2/4

4. The appellant Insurance Company is directed to deposit Rs.3,02,837/- (Rupees Three Lakh Two Thousand Eight Hundred and Thirty Seven only) with interest at the rate of 7.5% per annum and costs to the credit of M.C.O.P., on the file of claims Tribunal, 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deposit, the 1st claimant is permitted to withdraw the same with accrued interests and costs, less the amount already withdrawn by him, if any, by filing appropriate application before the Tribunal.

5. With the above said observations, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 02.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Tmg To 1.Motor Accident Claims Tribunal, Principal District Court, Tirunelveli.

2.The Section Officer, Vernacular Section, 3/4

Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY, J.

Tmg 02.07.2024 4/4