UNITED INDIA INSURANCE CO. LTD Vs. M. VANITHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dtd. 27/9/2011 made in M.C.O.P.No.555 of 2009, on the file of Motor Accident Claims Tribunal, Additional District Court, Krishnagiri.

(2.) The appellant-Insurance Company is 2nd respondent in M.C.O.P.No.555 of 2009, on the file of the Motor Accident Claims Tribunal, Additional District Court, Krishnagiri. The respondents 1 to 6 filed the said claim petition, claiming a sum of Rs.5,25,000.00 as compensation for the death of one Murugan, who died in the accident that took place on 2/6/2008. The Tribunal, considering the pleadings, oral and documentary evidence, held that the respondents 1 to 6 filed the said claim petition under sec. 163(A) of the Motor Vehicles Act. Considering the fact the Tribunal framed issue whether the deceased died in the road accident or not? and held that the deceased died in the road accident and awarded compensation. Challenging the said award dtd. 27/9/2011 made in M.C.O.P.No.555 of 2009 granting compensation to the respondents 1 to 6/claimants, the appellant- Insurance Company has come out with the present appeal.

(3.) The learned counsel appearing for the appellant-Insurance Company contended that the deceased Murugan died due to his own fault and due to his negligence. In such circumstances, the claim petition filed under sec. 163(A) of the Motor Vehicles Act is not maintainable and the Tribunal ought to have dismissed the claim petition. The Tribunal failed to note that the deceased borrowed the motorcycle from the 7th respondent/owner of the vehicle and the deceased had no valid driving license at the time of accident and as per the judgment of the Hon'ble Apex Court in the judgments reported in 2009 ACJ 2020 [Ningamma and Others Vs. United India Ins. Co. Ltd.], 2012 ACJ Page 1 [National Insurance Co. Ltd., Vs., Sinitha and Others] held that the claimants are not entitled to compensation for the death of victim when the deceased died due to his own negligence.