Dismissed

M/S National Insurance Co. Ltd. v. D.Murugan

Madras HC27 Jul 2015CMA/1592/2015

Case brief

AI extract

What is this about?

The court dismissed the Insurance Company's civil miscellaneous appeal challenging the Motor Accidents Claims Tribunal award of Rs. 1,67,000. The Tribunal wasn't faulted as the appellants failed to prove the driving license was invalid, leading to the dismissal of the appeal.

What did the court decide?

Appeal dismissed; appellant directed to deposit award amount with interest and costs.

M/S National Insurance Co. Ltd. Vs D.Murugan — Motor Accident Claims | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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CORAM

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THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN

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M/s. National Insurance Co. Ltd., Dharmapuri,

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Having D.O. At LRN Colony, Hasthampatty, Salem – 7. ..Appellant/2^nd Respondent.

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Vs.

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D. Murugan 2. P. Malaramannan ..Respondents/Petitioner/ 1^st Respondent.

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Prayer: Civil Miscellaneous Appeal as against the judgment and decree dated 05.11.2014 passed in O.P. No. 257 of 2010 by the Motor Accidents Claims Tribunal (Special Sub Judge No.1), Salem.

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This Civil Miscellaneous Appeal has been preferred by the Insurance Company as against the award of Rs. 1,67,000/- passed by the Motor Accidents Claims Tribunal (Special Sub Court No.1), Salem, in favour of the 1^st respondent herein for the injuries sustained by him in the accident, which occurred on 27.12.2008.

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appellant.

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The only question to be decided is whether the Tribunal should have ordered pay and recovery for non-possession of valid licence by the driver of the insured vehicle.

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Though the appellant Insurance Company took such a stand, it failed to discharge the burden of proof that the driver of the insured vehicle did not possess driving licence and therefore, the Tribunal did not order pay and recovery. If the Insurance Company had proved that the driver did not have a valid licence, probably, the Tribunal would have given a direction for pay and recovery. In the absence of any proof regarding non-possession of valid driving

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

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licence by the driver/owner of the insured vehicle, the award passed by the Tribunal, fixing the liability on the Insurance Company, cannot be found fault with. Hence, the appeal fails and the same is dismissed. No costs. Connected M.P. is closed.

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The appellant Insurance Company is directed to deposit the entire award amount, with interest and costs, after deducting the amount already deposited, if any, before the Tribunal, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the 1^st respondent/claimant is permitted to withdraw the same within a period of one week thereafter.

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nv
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
To
The MACT (Spl. Sub Court No.1), Salem.
tej(co)
prk14/8
C.M.A. No. 1592 of 2015

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

M/S National Insurance Co. Ltd. v. D.Murugan

Case brief

What is this about?

What did the court decide?

M/S National Insurance Co. Ltd. v. D.Murugan

Case brief

What is this about?

What did the court decide?

What the court decided

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