JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the Decree and Judgment made in M.C.O.P.No.617 of 2015, dated 04.09.2019, on the file of the learned Motor Accident Claims Tribunal Cum VI Additional District Court, Madurai.

1. This Civil Miscellaneous Appeal has been filed against the Decree and Order, dated 04.09.2019 in M.C.O.P.No.617 of 2015, passed by the learned Motor Accident Claims Tribunal/VI Additional District Court, Madurai.

2. It is a case of fatal accident. On 29.06.2014, at 04.30 p.m., Madurai to Dindigul main road, near T.V.S. Road, the deceased Jeyamani drove his two wheeler bearing Regn. No.TN-59-BA-6279 and the deceased Chithra was a pillion rider, a Maruti car bearing Regn. No.TN-58-AB-2026 came an opposite direction and dashed against the deceased vehicle. The deceased died on the spot due to the injuries sustained in the accident.

3. The claimants have filed a claim petition in M.C.O.P.No.617 of 2015 on the file of the learned Motor Accident Claims Tribunal/VI Additional District Court, Madurai, seeking compensation.

4. Before the Tribunal, on the side of the claimants two witnesses were examined as P.W.1 & P.W.2 and marked ten documents as Exs.P.1 to P.10 and three witnesses were examined as R.W.1 to R.W.3 and marked Ex.R.1 & Ex.R.2 and Ex.X.1 & Ex.X.2 marked.

5. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the respondent and also on appreciating the evidences on record, directed the appellant/insurance company to pay a sum of Rs.5,08,500/-as compensation. Aggrieved by the said order, the present Civil Miscellaneous Appeal has been filed.

6. Heard on either side. Perused the material documents available on record.

7. The claimants have filed a claim petition in M.C.O.P.No.167 of 2015 before the Tribunal seeking compensation for the death of father of 1st claimant who died in an accident on 29.06.2014 at 04.30 p.m., when he was driving a two wheeler bearing Regn. No.TN-59-BA-6279. A Maruti car bearing Regn. No.TN-58-AB-206 came in a rash and negligent manner and dashed the two wheeler. The deceased sustained injuries and died on the spot.

8. The tribunal has awarded a sum of Rs.5,08,500/-as compensation to the claimants.

9. The ground of the appeal is that the Court below has failed to note that the deceased Jeyamani had paid a sum of Rs.50/-as extra premium towards Personal accident for owner cum driver and the legal heirs has received a sum of Rs.1,00,000/-as compensation i.e., the contract of insurance specifically provides that in case of personal accident the owner cum driver is only entitled to a sum of Rs.1 lakh. The Court below has discussed not as per provision laid under Section 163(A) of MV Act, but discussed who is the Third Party, whether the owner/rider of the motor cycle will be treated as a Third Party.

10. This ground was not raised by the appellant before the Tribunal. The only ground in counter was only the driver of Maruti Car is responsible for the accident. But the car and the insurance company were not added as parties in MCOP. The First Information Report was also registered against the driver of Maruti Car. But, the claim petition was filed under Section 163-A. So, it is not necessary to plead or establish the negligence.

11. As per policy, the owner cum driver can entitled only Rs.1 lakh rupees under personal coverage.

12. The claimants have pleaded that the deceased was travelled as a pillion rider. But, as per the claim petition, the deceased was owner cum driver. So, personal coverage is applicable to him.

13. Therefore, the claimants are entitled Rs.1 lakh only, as compensation.

14. In view of the said modification, this Civil Miscellaneous Appeal is partly allowed, and the award amount of Rs.5,08,500/-granted by the learned Motor Accident Claims Tribunal/VI Additional District Court, Madurai, is reduced to Rs.1 lakh. The insurance company is di