Allowed

M/S.National Insurance Co.Ltd. v. S.Thangavel

Madras HC7 Oct 2014CMA/2172/2011

Case brief

AI extract

What is this about?

The High Court confirmed the Motor Accidents Claims Tribunal award, holding that the Insurance Company must pay compensation to the injured respondent even though the driver lacked a license, allowing recovery of the sum from the vehicle owner.

What did the court decide?

Civil Miscellaneous Appeal disposed of; Tribunal award confirmed; Insurance Company directed to pay award and recover from owner.

M/S.National Insurance Co.Ltd. Vs S.Thangavel — Motor Accident Claims | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.10.2014

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CORAM

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THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN

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C.M.A. No. 2172 of 2011

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M/s. National Insurance Company Ltd., 2/7, Pudukottai Road, Near Overbridge, Trichy, D.O. At LRN Colony, Sarada College Main Road, Salem – 7. ..Appellant/2nd Respondent Vs. 1. S. Thangavel 2. K. Govindraj ..Respondents/Petitioners 1st Respondent

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Prayer: Civil Miscellaneous Appeal filed S.173 of Motor Vehicles Act as against the award and decree dated 05.01.2011 made in M.C.O.P. No. 273 of 2009 on the file of the Motor Accidents Claims Tribunal (Additional District Judge/Fast Track Court No.II), Salem.

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For Appellant :: Mr.D. Bhaskaran For Respondents:: No appearance O R D E R

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The Insurance Company has come forward with the present appeal challenging the judgment and decree dated 05.01.2011 directing them to pay compensation to the 1^st respondent to the tune of Rs. 1,12,000/- with interest and costs and permitting them to recover the same from the owner of the vehicle.

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The 1^st respondent, had filed M.C.O.P. No. 273 of 2009, before the Motor Accidents Claims Tribunal, (Additional District Judge/Fast Track Court No.II), Salem, claiming compensation to the tune of Rs.5,00,000/-, for the injuries sustained by him in the accident that took place on 02.05.2008. The Tribunal, on consideration of oral and documentary evidence, awarded a sum of Rs.1,12,000/-and directed the Insurance Company to deposit the said amount with interest @ 7.5% per annum from the date of petition till the date of realisation and with proportionate costs, in a Nationalised Bank for a period of 3 years in cumulative deposit. The Tribunal further directed the Insurance Company to recover the said compenstion from the owner, the 2^nd respondent herein. As already stated, aggrieved by the same, the present appeal is filed.

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https://hcservices.ecourts.gov.in/hcservices/

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Heard the learned counsel for the appellant.

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It is an admitted case that the driver of the vehicle in question did not possess driving licence to ride the two-wheeler at the time of the occurrence. The contention of the 1^st respondent herein before the Tribunal was that even if the driver did not possess driving licence, the Insurance Company can be asked to pay compensation and then recover the same from the owner of the vehicle. Now, that the principle with regard to pay and recover, more particularly, when a person does not possess the driving licence, has been decided, this Court, while confirming the judgment and decree of the Tribunal dated 05.01.2011, rendered in M.C.O.P. No. 273 of 2009, directs the appellant - Insurance Company to pay the award amount to the 1^st respondent herein/petitioner before the Tribunal and thereafter, recover the same from the owner of the vehicle. In case, the entire amount has already been deposited, the petitioner before the Tribunal/the 1^st respondent herein is entitled to withdraw the same together with accrued interest. Since the award of the Tribunal has been confirmed, it is open to the Insurance Company to file necessary execution petition and proceed against the owner of the vehicle to recover the amount deposited by them before the Tribunal, together with accrued interest.The Civil Miscellaneous Appeal is disposed of accordingly. No costs.

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Sd/Assistant Registrar //True Copy// Sub Assistant Registrar nv To

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The Additional District Judge, (FTC II), Motor Accidents Claims Tribunal, Salem.

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The Record Keeper, V.R. Section, High Court,Madras. + 1 cc to Mr.D. Bhaskaran, Advocate SR.47449 + 1 cc to Mr.G. Jaffurullakhan, Advocate Sr.48011

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C.M.A. No. 2172 of 2011

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RBD(CO) Eu 27.10.14

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https://hcservices.ecourts.gov.in/hcservices/

M/S.National Insurance Co.Ltd. v. S.Thangavel

Case brief

What is this about?

What did the court decide?

M/S.National Insurance Co.Ltd. v. S.Thangavel

Case brief

What is this about?

What did the court decide?

What the court decided

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