IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.06.2019 CORAM: THE HON'BLE Mr. JUSTICE R-MAHADEVAN Mane 2 &M.P.No.1 of 2006 United India Insurance Co. Ltd., Ramakrishnaburam, Karur Appellant 2VSe+ 1. Meena 2. Kalyani 3. Minor. Kavitha 4. Vadivu 5. Sumathi 6. Muniappan (R-3 declared as major and R-1 Meena discharged from her guardianship, vide order of Court, dated 12.03.2012 made in MP Nos.1 & 2, of 2012 in CMAsNo.3315/2006) .+. Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree, dated 17.11.2005 made in M.C.O.P.No.3, of 2005 on the filé of the Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi. For Appellant Mr. N.Vijayaraghavan For Respondents : Mr. A.G.Rajan, for R-1 to R-5 No Appearance, for R-6. paw ues niinJUDGMENT Towards the death of the breadwinner in a road accident, a claim was made, that ended in an award, which is challenged by the insurance Company in this Appeal. 2. At the outset) the learned counsel forthe appellant / Insurance Company,/Submitted that the Insurance Company is challenging only the negligence aspect. 3. In view of-the said submission, this Court-proceeds to deal with the negligent aspect alone 4. The learned counsel for the appellant submitted that the Tribunal ought to have seen that in the absenceof any independent eye witness, the FIR was the most reliable evidence on the manner of occurrence and on the issue of fault as between two vehicles. 5. The Tribunal_on consideration of the materials placed before it has found that, apart from the allegations against the driver in the First Information Report, the averments in the First Information Report stand corroborated by the evidence of the paw ues niinRELIANCE Nippon Life Insurance Date: 06 Jun 2019 MRBHARATH J ‘SO JAYARAMU MN LIG 314 21ST CROSS KUVEMPU NAGAR HASSAN 573201 PHONE NUMBER (Ri) 9611416375 ‘Subject: Your family’s security needs to be renewed Dear MR.BHARATH 3, ‘Thank you for being @ part ofthe Reliance Nippon Life family \We admire you for taking such good care of your family, by provicing for thelr future security and peace of mind. Although we are sure it’s already on your mind, ths is ust to bring to your attention that your next premium Is due for payment For your easy reference, your policy and premium detals are given below. We urge you to pay your premium at the earliest, and continue to enjoy the confidence that being insured elves you. Pian Type ‘Super Endowrmant Plan av) alley Number TaaSB08 Premium Bue Date BENE Preferred Debit Date Wa ‘Grace Period End Date BEuETy Frequency Monthy Basie Gum Assured © e700 80 Premium Amount © (a) 15500 ‘ld: Service Tax Goods & Services Tax & TB) Bry ‘Less: Amountheldin &(@) oor lseposit ‘Net Premium payable & _(a+b-o) (Rounded off Ta66.00 If you have already paid your premium, or its being paid through ECS/Direct Debit/Crecit Card, please ignore this notice and thank you for your payment. Warm regares Reliance Nippon Life Insurance Company Please Note: 1) Ifyou have indicated a proferred debit date for ECS payment, the pramium will be debited from your bank account on that date. 2) You ean conveniently make an online payment through our websi ‘our website for more details bout te payment options 3) You enjoy a grace period of 15 days on all menthiy premium payments and 30 days fo all other payment frequencies. Non-peyment by the end ofthe grace period will result in your ple lapsing, and your lfe cover ceasing as the ease may be. 4) Service Tax / Goods & Services tax will be charged. 5) Please note that with effect from 1 July 2017 (proposed date) or any other notified date, Goods & Services tax may be applicable on the premium due / collectee atthe prescribed rates. The differential tax lability, if any, on account of Goods & Services tax shall be borne by the policyholders and Company reserves the right to adjust / recover the same separately As per the relevant terms and paytm, or other online payment modes. Do visit ipulated in the policy document agreed with you: ‘This is a system generated letter and does not require a signature, Reliance Nippon Lite insurance Company Limited (Reg. No 21) Registered Oice: 1 Bloc: ‘st Poor Dnrabhal Ambani KrowdgeCty. Navi ura Manarasnra400710, Ia. CN Usgoravaooreucte7aes Cal Cenier Sossavet or 1200 T0e 1 (Alto PM between Monday ard Saturday,Page 1 of 6 @ ICICI E Lombard Nibhaye Vaade Claim Form for Motor Vehicle (TO BE FILLED AND SIGNED BY OWNER OF VEHICLE) (issuance f this form is nat to be taken as an admission of abit, Please ansr al question uly) For Claim registration, please call on Toll Free Number 1800-2-666 TWFORMATEN ABOUT SURED POLE COVE NOTE Wo. camino tne: Contponincs As: HULU ose rats Ts ott rect (bie arbe@EoD sew eee att fae chin peas bie I Jems ai, sine owt III III ] Average yearly income O <3tec DD siactoSiec D Siacto 10 inc D iolactoz0ec =O >2010c oeaaton 1D sweety = CDvontatag snes Ot, Vecinenbartusineateny = 22 De Oo sonranystena hve oa on Os a> Vow marth iv bil Yonmany ih dete ao: Ge D> Ancona 1 to onmanyineryucineaterayens Come Ot oe D sane Usage OF Personal Business (withincity) C) Business (Outside city) ‘Antitheft Device inthe Vehicle OF None D immobitaer CD Geartock D Tracking Device: TAFRMATON ABOUT NSURED VERE epson te et bet Rte oo is Orsi ooo000 eee! | IIIS cs tee rae Connwes io eer Inst / pcs nr OOoooo DFTA ABOUT THE DRVER Aine tee) tame! |_| Ooonooo DODO Corraspondonce Addross: Ob obooo DOB ApAbpppppS owns [| omer Ives! tid: ow og heb yr pot? - se etc tino hes [he Dini eet unt ao Date of expiry: Oooo Dig ee vv icv ww ot Dest catosenens, pein fo ante ies opeay? ve Dt Det endsnents spein nyPage 2of 6 DETAILS OF ACCIDENT Date: evel) Le] ant eat eatin of cin (Ass Spot Accident withlandmat) (Gis bil eseptn a a aeiet Won sy thr poy responsible forthe acide? le Ne Iryes, loese provide coy of FIR Deas Deals oF cana a ee Gage Aas: [ "any nt venue oanace a L Bate: Bernd ie at WINES DETAS (FOR THEFT AN THIRD PARTY MLURY DAMAGE, 1 Give nae ad adres of nes itary Conespondnce Ades: Fas. Te. No OF Tl Mobi: 1) Was aciantopre Pace? ree [_]Ne Het, easens 1 yes whieh Foes staton? No.8 Day Nuber Name af atendig inspector PARTIAL/TOTAL THEFT oa Tie / amipm i aco ott i Ceustance lingo the Estate est replacement Far part tht am) By tam dscavered and epared? has eh Ber rapa oles i) When? ‘Wien Pic Stat, Anyatierraeantinlomstion process lcm DOCUMENTS REQUIRED For Reid Chins For Tet laine For Te Party Cas icin Fem ou Sino? cain Fam Dy Sis {Doi Frm Duy sos? Da. copy of te vice [Dacca oh aie wth Al Ora Kye eatee Cony Clown ene Cony* Down arse Copy Dosing cess Copy* DProlcy Copy - First 2 Popes ery) ‘Ci orainl Policy Copy DPoticy Cony Be ue Crim coy, Untace Report, Ounping Yard Criiate CMAcr/ Loge Notice Chora sce nce Pyne se {Cato ast Papers Ou Sige* Ta.c.con* ore vohce Clumerermmenyaniszemene ‘Dn0¢ Fem Farce Corny pte ooaments a ite by {ovement sendy tt Cae Line oseumans ei AML Guid nw AML Gui Line tang rein case of company “vgn Documents 1 be produced fo wrest.Page 3of¢ Weary atc, fem nd dart 2. Thesaterentvnfonatiengve/statedbyine,esinthisckimfomare te, corecedand complet. Theda eft persons having an ierestinte proparinrspet of hice ais beng made are provides perth papasal'morby way fn endosamen inthe pal. Futerate, save ard excel as reves dosed ths cfm. no ar made aren the saan hs mae ged wth ary .Nomatealifematin whichisralvantothaprocesingotte cm, whichinanymanrerhas abating nthe cm hasbeon itl arrested 4. Wenavegventras ny ase oration statement norman, suptessié conc a any manne ala ase al alemation ha paleyshalbe ‘iar that We shallot ere alan ahs torecov ae under nrespocf any orl las, ast preset orate, Tharesptt is claim orm/ har suporinglata ocurent dees ne coisa be dred a nets a agen by he Company fs Canponyresonestherghttptocesserrel agi furharitienalilarmatan oper! di 1 \Wiowitnetake pt crate snvcetaxpseby Cl Lambe Gonarallrsuranes Company. nsetiementl hs motrnsrance im. andthe oat ima] Site Ton peso te nace Mae {Suamison of decuments or ank cls rary tr foratin Eos atin ay way, sage or fem, mply or express of suet admission of lb by th arpa) A) Wout youl top forbecroni Fund Wanfrs model payment? anes ne | 8) Ifyes, kindly provide the below mentioned details + Payee Name (as er bank recor: + Payee Account No + Type of Account: Savings [| Current Others pet + Name ofthe Bank + Branch Name + Address ofthe Bank COLeI + IFSC Codo No.of tho Bank: + NICR Code No ofthe Bank + Permanent Account Number (AN) of Payee Torms and Conditions for Payments through RTGS/NEFT 1 ‘The deal provided by the Customers inthe Mandate Form shallbe considered a finland CCl Lombard Geer Insurance Company Ltd shal not be responsible {orcrossetestn of any ofthe deals provided therein, ‘The RIGS/NEFTiscity shall be effective forthe respective Customers) within days af the receipt the Mandate Form by CII Lombard Genealinsurence Company Ltd and orwitin such period a may reasonably required ICICI Lombard Generallnsuranes Company td te actvate the ATGS/ NEFT fact. he Customer ares that under the RTGS NEF fact there may bea sk of non paymentin the Account af Customer nthe day ofthe rat of Payments due to tango inthe applicable regulations potinng to RTGS/NEFTfacity or uc to anyother resons without any faulvination aire on part of ICICI Lombard Geral Insurance Company or any factor beyond the conirol of IC Lambe Geneallnsurence Company Lied TheCustome agres to indemnity, without delay or domur CCI Lmibard General insurance Company i ants agants and keep ICI Lombard Ganealinsurance Company Ld. and its agent ndemnifiegharmlss at al tims rom and against any and al claims, damages, loses, costs, and expenses (including alterays {eos} wich ICI Lombard Gonaral insurance Company Ld. may sufer or incu, deel or induct, ring from oi connection wit, amengst athe things, ‘iter ofthe aforesedreasons statedin above clauses. IclclLombad Genealinsurance Company Ltd may sub-contract and employ agents to cary outany fits obligations under the RTGS/NEFT fact. The Customer ‘may disantw or terminate the use of #1GS /NEFT acy by ging 3 minimum o 15 days pre writen neice t IC Lombacg General Insurance Company Lt ‘The dale of notice forICCl Lombard willbe ie date of eceigtof such notice CII Lombard. The notice of such termination shouldbe given to ICICI Lombardonly at its corporate address and be adressed et ICI! Lombard GIC Lt, CII Lomb House (Old Tata Press Building, 414, Vee Savarkar Mera, Near Sieh Vinayak Temple, Prabhadevi Mumba -#00025 ‘canfrmatin of the receipt af termination notice given by the Customer wil be acknowledged trough a confmation lt by IC Lombard General Insurance Company Lid. no case can the Customer constr hs teimination ntice as flectiv unless a confimatin has been pov ded by ICIC Lombard tothe Customer stating the date of teceiptf such communication by the CustomerPage 4of ‘The Customer ares that wansaction(s though RTGS) NEFTfaity may atract inward RTGS) NEFT charges, which if ved by the Customers bank, shall bo boreby the Customer ICICI Lombard hes the absolute ssceton to amend or supplement any Terms and Conditions stated herein a any time and ill endeavor to give prior natieof Ten days or such changes wherever feasible forthe tems an canons tobe applicable. 8y using tne new senices, or atthe camplaton of such ptiod,whichevers aly, tha Customer shale deemed have accepted the changes terms and conditens. ‘Submission of documents or bank deta or any other information dees natin any way, shape or frm, imply o express o sugast admission of ability bythe company. Notices unde thse tems and contions may be givenin writing by delivering themby hand or email on ICI Lombard General Insurence Company Lis website \wwnilelombard.com orby sending tnamby post tothelastadaresso the Customer These terms and condone willbe gverned bythe ows of ini nd any legal action procesdings arising outa thess Terms and Conditions shallbe inated inthe courts or buna at Mumba nin, 1/ We further undertake to refund any excess amount whether demanded by CII Lombard General Insurance Company Lid. or not which has been credited in excess to my account t anytime dve to ary eeson within 7 days of such receipt a such communication ftom ICICI Lomb of suc excess ere or such information of excess ered coming the knavredgea! te Customer trough any aher source, \/We agee that my/aurclain payment willbe credits rom the dat ICI Lombard Generallsurance Company Lt. gets confirmation omits bankers, This acity \illcortin ness ts revoked by any part and any issuance ofrlovantcreaitinstution fom CII Lombard General surance Company Ltd. tits bankers wil ‘be vail such instruction i complete respective afte fect tet the natcepeadhas expired provided such a cred request has been made by ICICI Lombaca Genera Insurance Company Lid beforthe exo ofthe naticesenadafthe Customer. (Pleaseattach blank cancelled cheque aphotocany of acheque fr veriictinaf te particularspravdedin this regard) Signature ofthe AccountHolder (insured) For any future claim or insurance related query please callon Toll Free Number 1800-2-666 Qe Icict GLombard Nibhaye Vaade tig aan nts alin Cnr mss ugh 2 le Naw es ae arb, Vt twomciemtren iy and ys a HD 205 Tl i cee ko os mei Teste mate atin RDA 0.15.RELIANCE Nippon Life Insurance Please note that Policyholder/ Member/ Nominee has an opticn to receive the fund/premium through electric mode. You ‘also have facilty to withdraw from the ECS made atleast 15 days prior tothe due date. Aeliance Nippon Life Insurance Company Limited (Reg. No 121) Feglstered Otic: H lace et cor Onubhal Ambani Knowadgedty, Nav Mumba. Nanarasna400710. Ina. CIN Uggorauzo0:Lcte7Ge5 Cal Center sossaiat or 1400 Tbe 010 (0 A 26 PM between Nonday ara Salurday)3 P,W.1-Meena, and hence the liability is only on the part of the driver of the vehicle that is insured with the Insurance Company / appellant. Moreover, the Tribunal has also relied upon the dictum laid down by the Supreme Court and on a cumulative consideration has given a finding that.thé negligence is Only against the driver of the vehicle that is‘Insured with the Insurance Company. 6. A further pertisal of the award of the Tribunal would go to show that/the) Tribunal has considered the principles of "no fault liability" and held that the owner of the vehicle was liable to pay the compensation for death even when the accident was not-due to fault of the owner or driver. Eschewing the above, the Tribunal has also held that Section 163A of the MV Act is a special proVision which eliminates pleading and proof with regard to wrongful act, neglect or default of the owner of the vehicle or any other person. 7. Further, on the side of the appellant herein, no effort has been taken-up to show that there was fault between two vehicles. In fact, nobody’ has been examined on the°side~of the appellant / Insurance Company. Therefore, the-finding on liability is upheld and it cannot be challenged. 8. Since there is no challenge to the quantum of compensation awarded by the Tribunal, the compensation awarded paw ues niin4 at Rs.4,01,300/- shall stand confirmed. Also, the appeal was of the year 2006 and for the past 13 years, it is pending without any progress and the original petition was filed elsewhere in 1999. On this score also, this Court finds no reason to interfere with the quantum of compensation“awarded by the Claims Tribunal. 9. In the result, this Civil Miscellaneous Appeal is dismissed. No costs. The appellant / Insurance Company, shall deposit the entire compensation amount, along with interests and costs, as awarded by the Claims Tribunal, less the amount already deposited, if any, within a period of four weeks, from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer the deposited amount to the’ Savings Bank Accounts of the claimants 1,4 and 5 / respondents 1, 4 and 5, through RTGS, one. week thereafter, as.-per the ratio of apportionment made by the Claims Tribunal, Consequently, the connected MP is closed. 21.06.2019 srk To pwr jus nicin1, Motor Accident Claims Tribunal, Fast Track Court, Kallakurichi. 2, The Section Officer, V.R.Section, Madras High Court, Chennai 104 WEB COPY tntpswearjucnicinWare sae 21.06.2019 WEB COPY tntpswearjucnicin