IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 15.12.2025 Pronounced on 21.01.2026 CORAM:

THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI C.M.A.No.2019 of 2021 and C.M.P.No.10946 of 2021 M/s.TATA AIG General Insurance Company Limited, Chennai. ...Appellant Vs.

1.Priya

2.Minor. Jananishri D/o. Late.Subramanian Represented by next friend and mother Priya.

3.Chellammal ...Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment dated 12.06.2020 passed in M.C.O.P.No.811 of 2015 on the file of the Motor Accident Claims Tribunal, (Mahila Sessions Court) at Perambalur.

For Appellant : Mr. J.Michael Visuvasam For Respondents : No appearance

JUDGMENT

The Civil Miscellaneous Appeal is preferred against order dated

12.06.2020 passed in M.C.O.P.No.811 of 2015 on the file of the Motor Accident Claims Tribunal, (Mahila Sessions Court) at Perambalur.

2. Shortly stated, that as per claims of the petitioners, the accident took place 21.06.2016 on Musiri-Thuraiyur route. The deceased, Subramanian, was driving the motor cycle bearing Registration No.TN-28-AJ-7792, Hero Honda Splender Plus and dashed against a pedestrian. As result of the accident, the deceased, Subramnian sustained multiple fatal injuries who succumbed to the accidental injuries on

02.07.2016. FIR was registered by the Jembunathapuram police.

3. The claimants as legal heirs of the deceased Subramanian, have filed the Claim Petition, claiming a sum of Rs.15,00,000/- for the death of the deceased. In the claim petition it was averred that the deceased was 40 years and was earning a sum of Rs.10,000/- per month by doing agricultural work and by carrying on Salt and Dal export business.

4. The claim of the claimants was resisted by the respondents stating that the deceased being a party to the contract is not a third party and hence, the claim is not maintainable before the Motor Accident Claims Tribunal. It is further stated that the deceased has driven the vehicle bearing Reg.No.TN-28-AJ-7792 without a valid and effective driving license at the time of the accident and therefore, violated the provisions of the Motor Vehicle Act, as well as the terms and conditions of the policy. Hence, the respondent is not liable to pay any compensation to the petitioners and prayed for dismissal of the claim petition.

5. The Tribunal, partly allowed the Claim petition and passed an award of compensation to a tune of Rs.1,00,000/- and directed the respondent to deposit the compensation amount within period of one month from the date of receipt of copy of the said Order, by holding that in a claim petition under Section 163A of MV Act, the question whether the deceased is a tortfeaser or a third party, owner or driver does not arise. It is further held that under Ex.R5 Policy copy, the deceased has paid Rs.50/- towards personal accident cover and applying the principles laid down in Divisional Manager, United India Insurance Company Ltd. Vs.

R. Rekha & Others reported in 2018 ACJ 796 : 2017 (2) TNMAC 674 (DB), concluded that the claimants are entitled to Rs.1,00,000/- towards personal accident cover.

6. Assailing the same, the present appeal is preferred by the appellant/ Insurance Company. The learned counsel for the appellant/ Insurance Company would submit that an owner / insured cannot approach the Motor Accidents Claims Tribunal by filing a claim petition under Section 163A of the Motor Vehicle Act, 1988, for the injuries sustained by him relying upon the personal accident cover. It is open for the claimants to approach the claimants forum or any other appropriate forum to make their claim. To support his contention, he has relied upon the judgment in the case of TATA AIG General Insurance Company Limited reported in 2024 (2) TN MAC 305 (DB) in which it is held that, an owner / insured cannot approach the Motor Accident Claims Tribunal by filing a claim petition under Section 163A of the Motor Vehicles Act,