BHARATI AXA GENERAL INSURANCE CO LTD Vs. AANDI
LAWS(MAD)-2018-10-464
HIGH COURT OF MADRAS
Decided on
October 24,2018
Bharati Axa General Insurance Co Ltd
Appellant
VERSUS
Aandi
Respondents
Referred Judgements :-
ORIENTAL INSURANCE COMPANY VS. NANJAPPAN AND OTHERS [REFERRED TO]SKANDIA INSURANCE COMPANY LIMITED VS. KOKILABEN CHANDRAVADAN [REFERRED TO]
MALLAWWA VS. ORIENTAL INSURANCE COMPANY LIMITED [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. ASHA RANI [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. ASHA RANI [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. BALJIT KAUR [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. BRIJ MOHAN [REFERRED TO]
BRANCH MANAGER UNITED INDIA INSURANCE CO LTD VS. NAGAMMAL [REFERRED TO]
MANAGER, NATIONAL INSURANCE CO. LTD VS. SAJU P. PAUL [REFERRED TO]
Cited Judgements :-
UNITED INDIA INSURANCE COMPANY LIMITED VS. SELVAN [LAWS(MAD)-2023-4-74] [REFERRED TO]DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD VS. RATHIKA [LAWS(MAD)-2021-7-167] [REFERRED TO]
RAM GENERAL INSURANCE COMPANY LTD VS. GOVINDAN [LAWS(MAD)-2023-4-195] [REFERRED TO]
BAJAJ ALLIANE GENERAL INSURANCE CO.LTD VS. RANJANI [LAWS(MAD)-2020-2-228] [REFERRED TO]
HDFC ERGO GENERAL INSURANCE COMPANY LTD. VS. KANNAMMA AND ORS. [LAWS(MAD)-2020-2-522] [REFERRED TO]
BRANCH MANAGER , BHARTI AXA GENERAL INSURANCE CO. LTD. VS. NARAYANA RAO [LAWS(MAD)-2020-3-164] [REFERRED TO]
MANAGER VS. KANNAMMA [LAWS(MAD)-2020-2-357] [REFERRED TO]
UNITED INDIA INSURANCE CO VS. HARI SHANKER [LAWS(ALL)-2022-5-251] [REFERRED TO]
NEW INDIA ASSURANCES CO LTD VS. ARUMUGAM [LAWS(MAD)-2021-5-17] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. M. DEEPA [LAWS(MAD)-2022-1-312] [REFERRED TO]
BHARTI AXA GENERAL INSURANCE CO. LTD VS. NARASIMMAN [LAWS(MAD)-2020-3-35] [REFERRED TO]
PAPATHI VS. P. VELUMANI [LAWS(MAD)-2019-4-133] [REFERRED TO]
CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD VS. K. SELLAMMAL [LAWS(MAD)-2024-1-131] [REFERRED TO]
NATIONAL INSURANCE CO. LTD VS. R. MALATHI [LAWS(MAD)-2023-10-53] [REFERRED TO]
UNITED INDIA INSURANCE CO .LTD VS. THULUKAMMAL [LAWS(MAD)-2021-4-259] [REFERRED TO]
CHANDRASEKAR VS. S.RAJENDRAN [LAWS(MAD)-2022-10-141] [REFERRED TO]
CHOLAMANDALAM MS GENERAL INS. CO. VS. T.GANESAN [LAWS(MAD)-2022-4-263] [REFERRED TO]
UNITED INDIA INSURANCE VS. SARASWATHI [LAWS(MAD)-2022-3-205] [REFERRED TO]
R.NAGARANI VS. MUTHUKRISHNAN [LAWS(MAD)-2023-3-58] [REFERRED TO]
BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD VS. DHANABALAN (DIED) [LAWS(MAD)-2024-1-92] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. LAKSHMAMMA [LAWS(MAD)-2023-8-138] [REFERRED TO]
MURUGAMMAL VS. M. MUTHUKUMAR [LAWS(MAD)-2021-8-51] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. CHINNASAMY [LAWS(MAD)-2021-12-181] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD VS. AJITH KUMAR [LAWS(MAD)-2024-10-25] [REFERRED TO]
NEW INDIA ASSURANCE CO.LTD VS. MEENAKSHI [LAWS(MAD)-2023-3-103] [REFERRED TO]
JUDGEMENT
R. Subramanian, J. -
(1.)The challenge in all these appeals is to the award of the Motor Accident Claims Tribunal, (Special District Judge), Dharmapuri made in MCOP.Nos.89 to 106 of 2014, dated 23.09.2014, in and by which, the Tribunal, while granting compensation to the victims of a road accident that occurred on 01.09.2011 directed the Insurance Company to pay the compensation with liberty to recover the same from the owner of the vehicle.
The case of the claimants before the Tribunal is as follows:-
(2.)On 01.09.2011, a group of persons had engaged an Eicher van (goods vehicle) bearing registration No.TN-29-AW-4232 belonging to the 1st respondent, to go to Soolakurichi from Kotapatty to attend the marriage of one Govindan with Bagyalakshmi. After the marriage, while they were returning in the same vehicle to Kotapatty, the driver of the vehicle drove the same in a rash and negligent manner, resulting in the vehicle toppling in the middle of the road. Due to the said accident, some of the persons travelling in the said Eicher van died and some of them suffered grievous injuries, which led to the filing of the above claim petitions which are 18 in number. The claimants sought for compensation on the ground that the driver of the Eicher van was negligent.
(3.)All the claim petitions were resisted by the Insurance Company contending that the Eicher lorry bearing registration No.TN-29-AW-4232 being a goods vehicle did not have permit to carry passengers. All the persons viz., the deceased as well as the injured claimants were unauthorized passengers in the goods vehicle and hence, the Insurance Company cannot be made liable to pay the compensation. It was also contended that it is the case of no insurance and therefore, the direction to pay with liberty to recover from the insured cannot also be granted.
The case of the claimants before the Tribunal is as follows:-
(2.)On 01.09.2011, a group of persons had engaged an Eicher van (goods vehicle) bearing registration No.TN-29-AW-4232 belonging to the 1st respondent, to go to Soolakurichi from Kotapatty to attend the marriage of one Govindan with Bagyalakshmi. After the marriage, while they were returning in the same vehicle to Kotapatty, the driver of the vehicle drove the same in a rash and negligent manner, resulting in the vehicle toppling in the middle of the road. Due to the said accident, some of the persons travelling in the said Eicher van died and some of them suffered grievous injuries, which led to the filing of the above claim petitions which are 18 in number. The claimants sought for compensation on the ground that the driver of the Eicher van was negligent.
(3.)All the claim petitions were resisted by the Insurance Company contending that the Eicher lorry bearing registration No.TN-29-AW-4232 being a goods vehicle did not have permit to carry passengers. All the persons viz., the deceased as well as the injured claimants were unauthorized passengers in the goods vehicle and hence, the Insurance Company cannot be made liable to pay the compensation. It was also contended that it is the case of no insurance and therefore, the direction to pay with liberty to recover from the insured cannot also be granted.
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