PERSONAL ACCIDENT COVERAGE CASES CAN ONLY BE TRIED BY CIVIL COURTS, NOT MOTOR ACCIDENT CLAIMS TRIBUNALS: MADRAS HC

The Madras High Court has held that, in order to avail the benefit of Personal Accident Coverage Policy, the respondent/ claimant has to establish the nature of the ‘disablement’ and the same is to be established before the competent Court of law and the Motor Accident Claims Tribunal is not empowered to entertain the Claim Petition under the Motor Vehicles Act.

Justice S.M. Subramaniam of the Madras High Court held that the Motor Vehicles Act is a Special legislation and the Motor Accident Claims Tribunal is constituted to deal with the Accident Claims specifically and under the provisions of the Motor Vehicles Act. Therefore, the Motor Accident Claims Tribunal does not have jurisdiction to deal with all other policies issued by the insurance company which all are contractual in nature and the terms and conditions agreed between the parties specifically.

According to the court, Personal Accident Policy claims are different from Motor Vehicle Policy and are to be made before the competent Forum namely before the Consumer Forum or before the competent Civil Court.