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Judgment
The United India Insurance Company is on appeal challenging the award dated 03.04.2014 made in MCOP.No.414 of 2008 on the file of the
Motor Accident Claims Tribunal Motor Accident Claims Tribunal (District Court), Sivagangai.
The deceased was the husband of the first claimant. The only ground of challenge is that the deceased was travelling in the ill-fated car as
gratuitous occupant and therefore he did not enjoy the coverage under act policy.
The learned counsel appearing for the appellant placed reliance on the decision reported in United India Insurance Co. Ltd, V. Tilak Singh and
others (2006) ACJ 1441 rendered by the Hon''ble Supreme Court. He also drew my attention through the decision of the Hon''ble Division Bench
reported in 2015 (1) TN MAC 19 (DB) (New India Assurance Co. Ltd, Vs. S.Krishnasamy and others).
But, the learned counsel appearing for the claimants pointed out that the Hon''ble Supreme Court in the decision reported in 2017 (1) TN MAC
289(SC) (Manuara Khatun and ors. Vs. Rajesh Kr.Singh and ors, directed the insurer of the offending vehicle to first satisfy the award sum and
recover the same from the vehicle owner in the same proceedings.
In view of the latest decision rendered by the Hon''ble Supreme Court, I am inclined to sustain the award passed by the Tribunal. The appellant
is directed to pay the award amount to the claimants and thereafter recover it from the owner i.e.(Insurer).
This Civil Miscellaneous Appeal is dismissed accordingly. No costs. Consequently, connected miscellaneous petition is also dismissed.