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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
P. Lakshmi Sundaram (Died) – Appellant
Versus
R. Rajakumar – Respondent
| Table of Content |
|---|
| 1. claim details regarding accident. (Para 1 , 2 , 5) |
| 2. court's finding on negligence assessment. (Para 3 , 19 , 21) |
| 3. debate on negligence and policy implications. (Para 7 , 8 , 10 , 12 , 13) |
| 4. existence of liability based on policy terms. (Para 15 , 28) |
| 5. court's conclusion on compensation and liability. (Para 34 , 35 , 36) |
JUDGMENT :
1. C.M.A(MD)No.1415 of 2016 and C.M.A(MD)No.1416 of 2016 have been filed by the the first respondent/owner of the vehicle against the award passed in M.A.C.O.P.Nos.246 and 268 of 2010 on the file of the Principal District Court/Motor Vehicle Accidents Claims Tribunal, Thoothukudi, dated 29.01.2013, thereby allowing both the claim petitions and awarded compensation to the tune of Rs.37,59,796/- and Rs.6,24,931/- respectively.
3. Since all the appeals arise out of the same award, they are disposed of by way of a common order.
5. The claimants filed the claims petitions on the ground that on 30.05.2010 at about 01.10 p.m., the deceased and the injured were travelling in the first respondent's Tata Indica Car bearing Registration No.TN-74-Y-8479, insured with the second respondent, from Kanniyakumari to Tirunelveli on the Nanguneri to Tirune
An Act Only Policy does not cover co-passengers unless additional premium is paid, and contributory negligence applies in accidents involving parked vehicles.
A Comprehensive/Package policy covers liability for occupants, including pillion riders, while an Act only policy does not.
The main legal point established in the judgment is that the risk of the pillion rider cannot be covered under the 'Act Only Policy' without any extra premium.
Occupants of a private car are not covered by an Act Only Policy, and therefore, the insurance company cannot be held liable to pay compensation for the occupants' claims.
An act only policy under the Motor Vehicles Act does not cover the risk of a pillion rider, and the insurance company is not liable to pay compensation for injuries sustained by a pillion rider.
The main legal point established in the judgment is that the liability of the Insurance Company under an 'Act Policy' does not extend to the risk of occupants/passengers in a vehicle unless additiona....
The main legal point established is that under an 'act only policy', the insurance company is not liable to pay compensation for passengers traveling in a vehicle, as interpreted from the Motor Vehic....
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