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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
Branch Manager, TATA AIG General Insurance Company Ltd – Appellant
Versus
Saravanakumar, S/o.Ganeshwaran – Respondent
| Table of Content |
|---|
| 1. summary of accident facts and tribunal proceedings. (Para 4 , 5 , 6 , 7 , 8) |
| 2. parties' arguments on negligence and coverage. (Para 9 , 10 , 12 , 13) |
| 3. policy limits to death; claim not maintainable. (Para 14 , 16) |
| 4. appeal allowed; award set aside. (Para 17) |
JUDGMENT :
P. Vadamalai, J.
This Civil Miscellaneous Appeal is filed challenging the Award, dated 17.03.2020 passed in M.C.O.P.No.256 of 2015 by the Motor Accident Claims Tribunal/Additional Subordinate Court, Tenkasi.
2. The 2nd respondent/Insurance Company in M.C.O.P.No.256 of 2015 st is the appellant herein. The 1st respondent is the petitioner/claimant and the 2nd respondent is the 1st respondent/owner of the vehicle in M.C.O.P.No.256 of 2015.
3.For the sake of convenience, the parties as arrayed in M.C.O.P.No. 256 of 2015 are adopted hereunder.
4. The brief facts of the case:
On 20.08.2014 at about 8.00 p.m., the petitioner, along with one Halith as pillion rider, was riding the first respondent’s two wheeler/TVS Star City bearing registration number TN 76 M 1231, when it overturned in front of the house of Faark of Mekkarai. Due to the impact, the petitioner fell down and sustained injuries and a fracture in
Tortfeasor claimant not entitled to injury compensation under Personal Accident Cover before Motor Accident Claims Tribunal.
Owner-rider not entitled to injury compensation under personal accident policy; coverage limited to death only.
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.
Personal Accident coverage claims cannot be filed under Section 166 if the claimant is the vehicle owner; such claims are contractual and not statutory.
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 ....
A vehicle owner cannot file a compensation claim under Section 163A of the Motor Vehicles Act for injuries sustained while using their own vehicle.
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, ....
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