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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Govindarajan Thilakavadi, J
Reliance General Ins. Co. Ltd. – Appellant
Versus
Karthika – Respondent
| Table of Content |
|---|
| 1. accident details and initial findings on compensation (Para 4) |
| 2. parties' arguments on maintainability of the claim (Para 5 , 6) |
| 3. distinction between personal accident coverage and statutory claim (Para 10 , 12) |
| 4. final ruling on the appeal and tribunal's award (Para 13) |
JUDGME NT
This Civil Miscellaneous Appeal is filed challenging the orders passed in M.C.O.P. No.594 of 2015, dated 09.08.2021, on the file of the Special Motor Accident Claims Tribunal, Tirupur.
2. The facts of the case, which has given rise to this appeal is that, on
31.01.2015, at about 8.30 hours, the deceased Vasantha Kumar was travelling in his Appachi Bike bearing Registration No. TN-39-BP-3103 with his friend Pandi Jagadeesan in Tirupur to Avinashi Road, met with an accident and died.
3. The legal representatives of the deceased came forward to file a Claim Petition before the MACT, Tirupur, seeking compensation of a sum of Rs.30,00,000/- by invoking Section 166 of the Motor Vehicle Act, 1988. The Insurance Company has resisted the claim of the claimants stating that the petition filed under is not maintainable, since the deceased himself was the cause for the accident and also he was the
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