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1 - 4 of 4 (0.17 seconds)Ningamma & Anr vs United India Insurance Co.Ltd on 13 May, 2009
In the judgment of the Hon'ble Apex Court reported in 2020 (1) TNMAC 1
(SC), [Ramkhiladi and another Vs. United India Insurance Company
Limited and another], referring to 2009 (2) TNMAC 169 (SC), [cited supra]
Ningamma case, it has been held that rider of the two wheeler steps into the
shoes of the owner and he is entitled to claim compensation under Personal
Accident Coverage when the owner has paid additional premium for Personal
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C.M.A.No.935 of 2021
Accident Coverage. In the present case, it is not the case of the appellant that
the owner of the motorcycle - 6th respondent herein did not pay any additional
premium for Personal Accident Coverage. The contention of the learned
counsel appearing for the appellant that the respondents 1 to 5 are not entitled
to compensation under Personal Accident Coverage as the deceased was not
registered owner and compensation for Personal Accident claim can be
decided only before the Civil Court are contrary to the judgments of the
Hon'ble Apex Court referred to above.
United India Insurance Co. Ltd vs Rekha Roy And Ors on 14 September, 2018
In the judgment of the Hon'ble Apex
Court reported in 2017 (2) TNMAC 674 (DB), [Divisional Manager, United
India Insurance Company Limited Vs. R.Rekha and others], it has been
held that when additional premium is paid for Personal Accident Coverage,
Insurance Company is liable to pay maximum of Rs.1,00,000/- in case of two
wheeler and Rs.2,00,000/- in case of four wheeler. The said issue has been
decided in the judgments referred to above. Further, the contention of the
learned counsel appearing for the appellant that the respondents 1 to 5 are not
entitled to interest for the amounts awarded under Personal Accident
Coverage as prescribed in the contract to that effect is without merits. The
Hon'ble Apex Court in the judgments reported in 2009 (2) TNMAC 169 (SC)
and 2020 (1) TNMAC 1 (SC), [cited supra] has granted 9% and 7.5% interest
per annum respectively for the amount paid under Personal Accident
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C.M.A.No.935 of 2021
Coverage. In view of the above judgments, the respondents 1 to 5 are entitled
to interest for the amount awarded under Personal Accident Coverage. For
the above reason, there is no error in the award of the Tribunal warranting
interference by this Court.
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
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