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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, MUMMINENI SUDHEER KUMAR
IFFCO-TOKIO General Insurance Co.Ltd. – Appellant
Versus
P. Ramasamy S/o Pongeya Gounder – Respondent
JUDGMENT :
1. On 15.05.2014, past midnight at about 2.30 a.m., on the Main Road of Bannari to Sathyamangalam, near Amman Chamber Privu, Sathyamangalam, the driver of the Maruti Alto Car bearing Registration No: TN 38 AF 3434 lost his control and dashed against a tamarind tree. One Mr.P.Chellamuthu was on the wheels and his wife, Nagarathinam sustained multiple injuries both died on the spot. Rest of the passengers in the car survived.
2. The parents and two minor sons of the deceased Chellamuthu, filed claim petition M.C.O.P.No:1446 of 2014 under Section 166(1)(c) of the Motor Vehicles Act, 1988, on the file of the Motor Accident Claims Tribunal, Special Subordinate Judge, Coimbatore, for compensation of Rs.25,00,000/- The parents and two minor sons of the deceased Nagarathinam filed claim petition M.C.O.P.No.1958 of 2014 under Section 166(1) of the Motor Vehicles Act, 1988, on the file of Motor Accident Claims Tribunal, Special Subordinate Judge, Coimbatore, for compensation of Rs.25,00,000/-. In both the claim petitions, Periyasamy, the owner of the Maruthi Alto car and its insurer M/s IFFCO TOKIO General Insurance Company Limited, are the respondents.
3. The claim petition resisted
Insurance companies are not liable for employee injuries in vehicles unless additional premiums are paid for coverage under the policy.
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
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