Vs
Case brief
What is this about?
Appeal against an award by the Motor Accident Claims Tribunal where an insurance company denied liability due to lack of valid driving licence and insurance cover. The High Court relied on a prior pre-decedent holding that the doctrine of pay and recover applies.
What did the court decide?
Direction to the Appellant/Insurance Company to deposit the awarded amount, less any deposit already made, within six weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2016
CORAM : THE HONOURABLE Mr. JUSTICE N.SESHASAYEE
CMA.No.2122 of 2003
The Manager,
National Insurance Co. Ltd., Sangagiri Branch Office, Bhavani Road, Sangagiri – 637 301. ... Appellant/2nd Respondent Vs. 1.Jayaraj ... 1st Respondent/Petitioner 2.M.Chiththan ...2nd Respondent/1st Respondent
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree in MCOP.No.1258 of 1999 dated 19.05.2003 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.I, Salem.
For Appellant :Mr.N.Vijayaraghavan For Respondents :No Appearance JUDGMENT
It is the case of a pedestrian Vs. motor cycle. On 24.6.1997, at about 11.am., the claimant was walking along the road, when motor cycle bearing registration No.TM-6310 belonging to the second respondent and stated to be insured with appellant, had knocked down the claimant owing to which, he suffered fractures to his left angle, besides other lacerated injuries. The claimant was stated to be a tailor.
- The defence of the Insurance Company was two-folded:
Issues for consideration
1 issue framed by the court
Whether the doctrine of pay and recover can be applied to an insurance company that denies liability on grounds of non-insurance or lack of driving licence when the Motor Accident Claims Tribunal has
Parties & counsel
- appellant
The Manager, National Insurance Co. Ltd.
- respondent
Jayaraj
- respondent
M.Chiththan
Coram
Case details
As recorded by the court registry
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