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R. THARANI
Reliance General Insurance Company Limited, Trichy – Appellant
Versus
Karnan – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree, dated 06.10.2016, passed in M.C.O.P.No.123 of 2011, on the file of the Motor Accidents Claims Tribunal, Karur – Chief Judicial Magistrate, Karur insofar as liability is concerned.)
1. This Civil Miscellaneous Appeal is filed against the award, dated 06.10.2016, passed in M.C.O.P.No.123 of 2011, on the file of the Motor Accidents Claims Tribunal, Karur – Chief Judicial Magistrate, Karur. The appellant herein is the third respondent, the first respondent herein is the claimant and the respondents 2 and 3 herein are the respondents 1 and 2 in the original M.C.O.P. Petition.
2. Brief substance of the claim petition in M.C.O.P.No.123 of 2011, is as follows:
On 10.04.2009, at about 04.00 a.m, when the first respondent was driving a mini Van bearing Registration No.TN-48-AL-4172, the petitioner was travelling in the vehicle as a load man, the driver of the vehicle drove the vehicle in a rash and negligent manner and the vehicle capsized. The petitioner sustained injuries. He was admitted in Trichy Government Hospital and he took treatment as inpatient
The central legal point established in the judgment is the interpretation of personal accident coverage under the insurance policy and the liability of the Insurance Company under the Motor Vehicles ....
The main legal point established is that the Insurance Company, having collected additional premium for P.A. cover, is liable to pay compensation to the claimant, restricted to the maximum coverage u....
The main legal point established is that the Insurance Company is liable to pay compensation for injuries covered under the Personal Accident cover, and admissible medical expenses under the policy, ....
The main legal point established is that the insurance company is liable to compensate the claimants if the deceased had paid a separate premium for personal accident cover, but the liability is limi....
Insurance companies cannot deny liability to compensate vehicle owners when premiums for personal accident coverage have been collected.
Personal Accident coverage claims cannot be filed under Section 166 if the claimant is the vehicle owner; such claims are contractual and not statutory.
A borrower of a vehicle is not entitled to claim compensation under Section 163-A of the Motor Vehicles Act, 1988, nor under personal accident coverage unless specific conditions are met.
Tortfeasor claimant not entitled to injury compensation under Personal Accident Cover before Motor Accident Claims Tribunal.
The claim petition filed under Section 166 of the Motor Vehicles Act or even if it is filed under Section 163A of the Motor Vehicles Act is not legally maintainable.
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