The Oriental Insurance Company Ltd vs Kaliya Pillai on 30 October, 2002
In Oriental Insurance Company - vs - Kaliya Pillai reported in
2003 ACJ 1021, on 30 October, 2002, the Division Bench of the Madras High
Court, held that,
“The deceased was none-else than the driver of the
tractor and the trailer. In such a circumstance, he being
a tort-feasor and responsible for the accident, he cannot
claim compensation for the injuries, likewise his legal
heirs also are not entitled for compensation from the
Insurance company by invoking the provisions of the
Motor vehicles Act. In this regard, it is relevant to refer
6/15
http://www.judis.nic.in
C.M.A.No.669 of 2015
& M.P.No.1 of 2015
a Division Bench decision of this Court New India
Assurance Company Ltd., -vs- Meenal, reported in
1993 A.C.J. 522. After referring to the earlier decisions
of this Court and the other High Courts as well as the
Supreme Court, the Division Bench (K. Venkataswamy
and A. Abdul Hadi, JJ) has held that inasmuch as the
deceased was himself a tort-feasor, hence the claimants
cannot maintain the claim petition for any compensation
from the owner of the vehicle; consequently then cannot
have any claim against the insurance company. Similar
view has been reiterated by the subsequent Division
Bench of this Court (consisting of A. Abdul Hadi, J. and
myself (P. Sathasivam, J.)