The Senior Intelligence Officer VS Kpn Travels India Ltd

This Civil Miscellaneous Appeal concerns a judgment and decree issued in M.C.O.P.No.694 of 2019 on February 3, 2021, by the Motor Accidents Claims Tribunal/6th Additional District Court in Madurai. The appeal is filed by the Insurance Company, which disputes the liability awarded in the case.

The respondents, who are the Claim Petitioners in this case, filed the claim petition alleging that an accident occurred on March 20, 2019, around 5:40 PM. The deceased was riding a two-wheeler with Registration No. TN-59-BS-7809, which belonged to the first respondent, on the Melur-Thiruppathur Main Road, heading from east to west. The accident happened near Navinipatti when the first respondent’s vehicle capsized, causing the deceased to fall off. This led to fatal injuries, and the deceased died at the scene.

The claim petition asserts that the accident was caused by the first respondent’s vehicle. According to the pleadings and evidence presented, the deceased was riding the two-wheeler in a rash and negligent manner from Melur towards Thiruppathur when the accident occurred.

This Civil Miscellaneous Appeal concerns the judgment and decree rendered in M.C.O.P.No.694 of 2019, dated February 3, 2021, by the Motor Accidents Claims Tribunal/6th Additional District Court, Madurai. The appeal is brought by the Insurance Company, which is challenging the award made in the claim petition, specifically contesting the aspect of liability.

The claim petition was filed by the respondents (claim petitioners) alleging that on March 20, 2019, at approximately 5:40 PM, the deceased was riding a two-wheeler with registration number TN-59-BS-7809, which belonged to the first respondent. The incident occurred on the Melur-Thiruppathur Main Road, near Navinipatti. The petitioners assert that the first respondent’s vehicle capsized, causing the deceased to fall and sustain fatal injuries, leading to his death at the scene. They claim that the accident was attributable to the first respondent’s vehicle.

According to the pleadings and evidence presented, the deceased was riding the first respondent’s two-wheeler in a rash and negligent manner, traveling from Melur to Thiruppathur road at an excessive speed and failing to follow traffic rules and regulations. As he approached Navinipatti Kaveriamman Koil, his speed resulted in a loss of control, causing the vehicle to veer off the road and crash into the foot-steps of the Kaveriamman Koil located on the southern side of the mud road, leading to the deceased’s immediate death.

This Civil Miscellaneous Appeal challenges the judgment and decree issued in M.C.O.P.No.694 of 2019, dated February 3, 2021, by the Motor Accidents Claims Tribunal/6th Additional District Court, Madurai.

The appellant in this case is the Insurance Company, contesting the award given in M.C.O.P.No.694 of 2019 on the grounds of liability. The claim petition was filed by the respondents (the Claim Petitioners) who alleged that on March 20, 2019, around 5:40 PM, the deceased was riding a two-wheeler with Registration No. TN-59-BS-7809, which belonged to the first respondent. The incident occurred on the Melur-Thiruppathur Main Road near Navinipatti. It was reported that the first respondent’s vehicle capsized, causing the deceased to fall and sustain fatal injuries, leading to his death at the scene.

The case presented by the respondents contends that the accident resulted from the first respondent’s vehicle. Evidence indicated that the deceased was riding the vehicle recklessly and at high speed, failing to follow traffic rules. As he approached Navinipatti Kaveriamman Koil, his loss of control caused the vehicle to veer off the road and crash into the steps of the Kaveriamman Koil, resulting in the fatal accident.

The Insurance Company disputes the tribunal’s decision to award Rs.1 lakh under the Personal Accident Policy Coverage. The challenge is based on the assertion that no premium was paid for this coverage, as highlighted in Ex.R1-Policy Copy, which shows no amount was listed as paid.

The respondents’ counsel, in contrast, referenced a judgment from the Division Bench of the Court in the case of The Divisional Manager, United India Insurance Company Limited, Neyveli Township vs. R. Rekha, to support their claim.

In summary, the appeal revolves around the Insurance Company’s contestation of the liability for the awarded amount, citing a lack of paid premium, while the respondents seek to uphold the tribunal’s decision based on existing legal precedents.

This Civil Miscellaneous Appeal challenges the judgment and decree from M.C.O.P.No.694 of 2019, delivered on February 3, 2021, by the Motor Accidents Claims Tribunal/6th Additional District Court in Madurai

The appeal is brought by the Insurance Company, contesting an award given in the claim petition filed by the respondents, who allege that on March 20, 2019, around 17:40 hours, a fatal accident occurred involving a two-wheeler registered as TN-59-BS-7809, owned by the first respondent The incident happened on Melur-Thiruppathur Main Road, near Navinipatti

According to the claim petition, the deceased was riding the two-wheeler and lost control, causing the vehicle to capsize The deceased fell, sustained fatal injuries, and died at the scene The petitioners argue that the accident resulted from the first respondent’s vehicle being at fault

The Insurance Company disputes the tribunal’s decision to award Rs.1 lakh under the Personal Accident Policy Coverage They argue that no premium was paid for this coverage, as shown in Ex.R1, the policy copy Therefore, they contest the liability and validity of the award

Arguments and evidence presented include:

The Insurance Company’s argument that since no premium was paid for Personal Accident Policy Coverage, the claim should not have been awarded

The respondents’ counsel referenced a case, The Divisional Manager, United India Insurance Company Limited, Neyveli Township, Kurinjipadi Taluk vs. R. Rekha, to support their claim

Evidence shows the deceased was riding recklessly and lost control, crashing into temple steps and causing his death

The deceased had borrowed the motorcycle from the first respondent, and no employer-employee relationship existed between them Legal considerations include the tribunal’s reliance on Section 163(A) of the Motor Vehicles Act for the claim The appeal argues that the Insurance Company should not be held liable due to the deceased being at fault and the lack of valid Personal Accident Policy Coverage

The appeal asserts that the Insurance Company should be exonerated from liability because:

1. The premium for Personal Accident Policy Coverage was not paid

2. The claim petition is not maintainable under Section 163(A) as the deceased was the tort-feasor and had borrowed the vehicle

In light of these arguments and legal precedents, the court is inclined to allow the appeal and relieve the Insurance Company from liability