UNITED INDIA INSURANCE CO., LTD., vs K. MANOHARAN,

Court
Madras High Court

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On: 03.09.2026 Pronounced On:02.11.2026
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
CMA(MD) No. 446 of 2020
United India Insurance Co., Ltd.,
D.O.4, Promenade Road, Cantonment, Trichy -
620 001.
..Petitioner(s)
Vs
1. K. Manoharan,
2. Kalaiselvan,
..Respondent(s)
Prayer: This Civil Miscellaneous Appeal has been filed under Section 173 of the
Motor Vehicle Act, to set aside the order passed by the Learned Motor Accidents
Claims Tribunal / Special Sub Court, Tiruchirappalli in M.C.O.P.No.745 of 2014
dated 19.12.2019 as against the appellant and allow the appeal and thus render
Justice.
For Petitioner(s): M/s.Royce Emmanuel S
For Respondent(s): M/s. N. Sudhagar Nagaraj
R.Siva Sundari
JUDGMENT
The Insurance Company has filed the present Civil Miscellaneous Appeal
in C.M.A.(MD).No. 446 of 2020, challenging the award dated 19.12.2019 passed in
M.C.O.P. No. 745 of 2014, on the file of the Motor Accident Claims Tribunal,
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Special Sub-Court, Tiruchirappalli.
2. Facts of the case:
2.1.The claimant in M.C.O.P. No. 745 of 2014 is the owner of the vehicle
bearing Registration No. TN-45-AM-1609. On 27.04.2013 at about 8.30 a.m.,
while the said vehicle was being driven by its driver on the Trichy–Karattampatti
Road, the offending vehicle bearing Registration No. KA-01-AE-2279, insured
with the appellant/Insurance Company, came from the opposite direction in a rash
and negligent manner, suddenly crossed over to the wrong side of the road and
entered into the lane in which the claimant's vehicle was proceeding. As a result,
the offending vehicle dashed against the claimant's vehicle, causing extensive
damage to the vehicle. In the said accident, the driver and the representative of the
owner travelling in the ice-cream vehicle sustained injuries and died on the spot.
2.2.Since the claimant's vehicle was completely damaged in the accident,
he filed the claim petition seeking compensation of Rs.3,00,000/- towards the
damage caused to the vehicle, together with interest at the rate of 4% per annum.
2.3.The Insurance Company resisted the claim petition by filing a counter
denying the manner of the accident and contending that the driver of the insured
lorry was not responsible for the accident and, therefore, the Insurance Company
was not liable to compensate the claimant for the damage caused to the vehicle.
3. Findings of the Tribunal:
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3.1.The learned Tribunal, after considering the evidence on record,
including the assessment report and the valuation report, awarded a sum of
Rs.1,71,250/- as compensation, together with interest at the rate of 7.5% per annum
from the date of filing of the claim petition. Challenging the said award, the
Insurance Company has filed the present appeal.
4.Submissions of the learned counsel appearing for the appellant:
4.1.The learned counsel appearing for the Insurance Company would
submit that the Tribunal had erroneously fastened the liability upon the Insurance
Company. According to the learned counsel, there was no liability upon the
Insurance Company to pay the amount awarded by the Tribunal, particularly in the
absence of payment of the requisite premium for such coverage.
5. Submissions of the learned counsel appearing for the
respondent:
5.1.Per contra, the learned counsel appearing for the claimant
would submit that the Tribunal had properly considered the terms of the insurance
policy. A separate premium had been paid towards coverage for damage to the
vehicle. The Tribunal had also correctly assessed the compensation on the basis of
the valuation report, which had not been seriously disputed by the Insurance
Company. Therefore, there is no need for interference with the award and the
appeal is liable to be dismissed.
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6.This Court considered the rival submissions and perused the materials
available on record.
7.The question that arises for consideration is whether the claimant is
entitled to compensation towards the damage caused to his vehicle to the extent
awarded by the learned Tribunal.
8. Discussion and findings:
8.1.This Court carefully perused the valuation certificate marked as
Ex.P3, the evidence of the valuer and the Motor Vehicle Inspector's report marked
as Ex.P5. The said documents clearly establish that the claimant's vehicle was
totally damaged in the accident.
8.2.The manner of the accident itself clearly establishes the rash and
negligent driving of the driver of the vehicle insured with the appellant/Insurance
Company. The offending vehicle crossed over to the opposite side of the road and
had a smack hit against the claimant's vehicle, resulting in extensive damage to the
vehicle and the death of two persons travelling therein.
8.3.Therefore, the claimant is entitled to compensation for the damage
caused to his vehicle. This Court finds no merit in the contention raised by the
learned counsel appearing for the Insurance Company.
8.4.Apart from the above, this Court also perused the insurance policy. A
separate premium had been paid towards coverage for damage to the insured
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vehicle. Therefore, the contention of the learned counsel appearing for the
Insurance Company that there was no coverage for the damage caused to the
vehicle cannot be accepted. In view of the above discussion, this Court finds no
infirmity or illegality in the award passed by the learned Tribunal.
9. Result:
9.1.Accordingly, the Civil Miscellaneous Appeal is dismissed and the
award dated 19.12.2019 passed in M.C.O.P. No. 745 of 2014, on the file of the
Motor Accident Claims Tribunal/Special Sub Court, Tiruchirappalli is confirmed.
9.2.The Insurance Company is directed to deposit the entire award
amount, together with accrued interest and costs, if not already deposited, within a
period of six weeks from the date of receipt of a copy of this judgment. On such
deposit, the claimant is entitled to withdraw the same, together with accrued
interest, in accordance with law. No costs.
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sbn
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To
1. The Motor Accidents Claims Tribunal /
Special Sub Court, Tiruchirappalli.
2. The Section officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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K.K.RAMAKRISHNAN, J.
sbn
CMA(MD) No. 446 of 2020
02-11-2026
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