Additional Premium of 100 paid towards Personal Accident Cover of 2,00,000 to Owner/Driver- Insurer liable to pay 2,00,000 under Personal Accident Cover.

2023 (1) TN MAC 456

IN THE HIGH COURT OF MADRAS

P.B. Balaji, J.

C.M.A. No.3515 of 2013 & M.P. No.1 of 2013

24.3.2023

Branch Manager, United India Insurance Co. Ltd., M.M. Reddy Complex, Old Bangalore Road, Hosur ....Appellant

Vs.

Chandramma. 2. Babu. 3. Minor Archana, rep. by her mother Chandramma-1st Respondent. 4. Chandramma. 5. R. Madeshkumar .....Respondents

MV Act, Ss.163-A & 173

Legality of award of Compensation, when deceased himself was tortfessor.

• Additional Premium of 100 paid towards Personal Accident Cover of 2,00,000 to Owner/Driver- Claimants entitled to only 2,00,000 - 4,51,898 awarded by Tribunal not sustainable.

MOTOR VEHICLES ACT, 1988 (59 of 1988), Section 163-A Deceased, Driver/Owner of Car that capsized No other vehicle involved Liability of Insurer, when deceased himself is tortfeasor Legality of Award of Tribunal awarding 74,51,898 as Total Compensation - Whether Claimants entitled to claim Compensation As per Policy of Insurance, in addition to Basic Premium (of 7670), 100 paid towards "compulsory Personal Accident Cover to Owner/Driver" of 2,00,000- Liability of Insurer, therefore, limited to 2,00,000 in case of Personal accident to Owner/Driver Tribunal erred in awarding 24,51,898 Insurer liable to pay only 2,00,000 under Personal Accident Cover. (Paras 10 to 15) -