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2024 Supreme(Online)(MAD) 5382

HIGH COURT OF MADRAS
Hon`ble Mr Justice M.DHANDAPANI
M/S.IFFCO TOKIO GEN INS CO L – Appellant
Versus
SHAJAHAN S/O JAKIR HUSSIAN – Respondent


JUDGMENT

The present appeal is filed against the order passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dharamapuri, in M.C.OP. No.613/2014 in and by which the Tribunal directed the appellant to pay compensation to the claimants and recover the same from the owner of the vehicle. Assailing the said order, by contending that the any person travelling in a private vehicle would not be covered under an Act Only Policy, the present appeal has been filed by the insurance company.

2. For the sake of convenience, the parties will be referred to as claimant, insurance company and the owner of the vehicle will be referred to as the 2nd respondent, as arrayed in the present appeal.

3. The short facts leading to the filing of the present appeal are as under :-

On 21.8.2014, at about 4.45 a.m., when the claimant was travelling in the car belonging to the 2nd respondent, which was driven by one Tamilarasu in Morappur – Dharmapuri main road in a rash and negligent manner, near Solaikottai the car dashed against a Tamarind tree in which the claimant suffered grievous injuries including fracture to the left leg and right leg and the Femur bone and Tibia were fractured. Therefor

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