1 CMA No. 1735 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH CMA No. 1735 of 2025 S.Amarnath(minor) S/o. Saravanan, (Rep by Guardian NF Father Saravanan) No. 106, New Colony, Alagiyanatham, Varakkalpattu Post, Cuddalore 607 109 Appellant(s) Vs 1. V.Kaliamoorthy S/o. Velayudham 2.The Manager IFFCO Tokio Gen.Ins.Co.Ltd. No. 128, IV Floor, IFFCO Bhavan, Habibullah Road, T.Nagar, Chennai. Respondent(s) PRAYER Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order in MCOP.No.1980 of 2017, dated 31-01-2024, on the file of the Motor Accidents Claims Tribunal (Special District Court No.II), Cuddalore, For Appellant(s): Mrs. Ramya V.Rao For Respondent(s): Mr.N.Anbu Murugan For R2 JUDGMENT This appeal has been filed against the award passed by the Motor Accident Claims Tribunal (Special District Court No.II), Cuddalore, in MCOP https://www.mhc.tn.gov.in/judis 2 CMA No. 1735 of 2025 No.1980 of 2017 dated 31.1.2024, wherein the claimant has questioned the exoneration of the Insurance Company from the liability. 2.The case of the claimant is that on 11.02.2017, the claimant who was a minor was travelling as a pillion rider in a two wheeler at Maruthadu main road and at about 7.30 a.m, near a land, the rider of the two wheeler drove the two wheeler in a rash and negligent manner and as a result, the claimant was thrown out of the vehicle and he sustained fractures and multiple injuries. It is under these circumstance, the claim petition came to be filed before the Tribunal. 3.The Tribunal on, considering the facts and circumstances of the case and on appreciation of evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the two wheeler. 4.The Tribunal on considering the policy found that the pillion rider is not covered under the policy. Hence, exonerated the Insurance Company. Accordingly, the claim petition came to be dismissed. Aggrieved by the same, the present appeal has been field before this Court. 5.Heard the learned counsel for the appellant and the learned counsel for the 2nd respondent. This Court has carefully considered the submissions made https://www.mhc.tn.gov.in/judis 3 CMA No. 1735 of 2025 on either side and the materials available on record. 6.In the considered view of this Court, it is an act only policy which does not cover the pillion rider. Therefore, the Tribunal has rightly rejected the claim petition and the same does not warrant the interference of this Court. Accordingly, the award passed by the Motor Accident Claims Tribunal (Special District Court No.II), Cuddalore, in MCOP No.1980 of 2017 dated 31.1.2024, is sustained. 7.In the result, this Civil Miscellaneous Petition stands dismissed. No costs. 07-08-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No KP To The Motor Accident Claims Tribunal (Special District Court No.II), Cuddalore. https://www.mhc.tn.gov.in/judis 4 CMA No. 1735 of 2025 N.ANAND VENKATESH J. kp CMA No. 1735 of 2025 07-08-2026 https://www.mhc.tn.gov.in/judis