TATA AIG GENERAL INSURANCE CO. LTD Vs. SHANMUGAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed challenging the Judgment, dtd. 6/7/2020 passed in M.C.O.P. No.404 of 2013 by the Motor Accident Claims Tribunal (Court of Subordinate Judge), at Sangagiri.

(2.) The following questions have been referred to us, as the learned Judge had entertained a doubt on account of two sets of conflicting Judgments with regard to the invocation of the jurisdiction of the Claims Tribunal constituted under Sec. 165 of the Motor Vehicles Act, 1988 for claiming Compensation for the injuries/death of the Owner of the vehicle under Sec. 163-A:

(3.) In order to answer the Reference, it would be apposite to briefly touch upon the facts of the case, which has given rise to this reference. The Owner/ insured of a vehicle had sustained injuries in a Road accident that had taken place on 15/11/2012. For the injuries sustained by him on account of this accident, he has come forward to file a claim before the Motor Accident Claims Tribunal seeking Compensation of a sum of Rs.5,00,000.00 by invoking Sec. 163-A of the Motor Vehicles Act, 1988 against his own Insurer.