IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.09.2022 CORAM:

THE HONOURABLE Ms. JUSTICE P.T.ASHA C.M.A. No.3615 of 2014 and M.P. No.1 of 2014 Manager ICICI Lombard General Insurance Company Ltd., 'Jenith House', Kesavarav, Kathi Mark, Mahalakshmi, Mumbai-400 034. ... Appellant vs.

1.Chinnathambi

2.Ulagoli ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree dated 05.02.2014 in M.C.O.P.No.70 of 2012 on the file of the Motor Accident Claims Tribunal (Principal District Judge) at Ariyalur.

For Appellant : Mr.R.Sree Vidhya For Respondents : Mr.A.A.Venkatesan [R1]

R2 – Served – No Appearance

JUDGMENT

Challenging the award passed by the Motor Accident Claims Tribunal (Principal District Judge) at Ariyalur, in M.C.O.P.No.70 of 2012, the Insurance Company is the appellant before this Court.

2. The parties are referred to in the same ranking as before the trial Court.

3. The Insurance Company is aggrieved by the fact that despite the petitioner travelling as gratituous passenger in the 1^st respondent's vehicle Maxi Pickup Open Van bearing Registration No. TN.46.D.5252 along with 24 others. The Tribunal had awarded a compensation of a sum of Rs.1,27,000/-. These facts are admitted and therefore, there is no necessity for this Court to extract the same.

4. Heard the learned counsel for the appellant/Insurance Company and the learned counsel for the 1^st respondent and perused the records.

5. The claimant in his claim statement itself would state that the petitioner and the people of his village were travelling in the goods carriage to the construction site every day. Admittedly, the vehicle is a goods carrier which cannot be used for transporting passengers, the same is the violation of terms of policy conditions and also provisions of the Act. The Tribunal has committed grave error in granting compensation to the claimant who has been travelling in the goods carrier along with others. Therefore, the award passed by the Tribunal has to necessarily be set aside.

6. In the result, this Civil Miscellaneous Appeal is allowed and the Judgment and Decree dated 05.02.2014 in M.C.O.P.No.70 of 2012 on the file of the Motor Accident Claims Tribunal (Principal District Judge) at Ariyalur is set aside. The award amount deposited before the Tribunal shall be refunded to the appellant/Insurance Company. No costs. Consequently, connected miscellaneous petition is closed.

15.09.2022 Index : Yes/No Speaking / Non-speaking order ssn/mka P.T.ASHA, J., ssn/mka To

1. The Motor Accident Claims Tribunal, Principal District Judge, Ariyalur.

2. The Section Officer, V.R.Section, High Court of Madras, Chennai.

C.M.A.No.3615 of 2014 and M.P.No.1 of 2014

15.09.2022