CMA(MD)/446/2020 of UNITED INDIA INSURANCE CO., LTD. Vs K. MANOHARAN on 2 November 2026

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,

( Uploaded on: 02/11/2026 10:18:24 pm )

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:

( Uploaded on: 02/11/2026 10:18:24 pm )

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.

( Uploaded on: 02/11/2026 10:18:24 pm )

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

( Uploaded on: 02/11/2026 10:18:24 pm )

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

( Uploaded on: 02/11/2026 10:18:24 pm )

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.

( Uploaded on: 02/11/2026 10:18:24 pm )

K.K.RAMAKRISHNAN, J. sbn CMA(MD) No. 446 of 2020 02-11-2026

( Uploaded on: 02/11/2026 10:18:24 pm )