This incidental appeal was dismissed as the insurance company failed to establish lack of cover for a third-party victim. The court noted the claim was justiciable in equity, not on technical grounds.
Appeal dismissed; balance award amount permitted to be withdrawn forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 09.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.M.A.No.364 of 2003
The Branch Manager, United India Insurance Co.Ltd., Salem. .. Appellant/ 2nd Respondent Vs. 1. R.Savithri 2. R.Vijayalakshmi 3. R.Thenmozhi (Minor) 4. R.Venkatesan (Minor) ...Respondents 1 to 4/ Petitioners 5. K.Kannan. ...5th Respondent/ 1st respondent (Minors R3 and R4 are rep by their mother R1) Prayer : Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgement dated 15.02.2002 in M.A.C.T.O.P.No.17 of 1997 on the file of Motor Accidents Claims Tribunal (Principal Sub-Judge), Nagapattinam.
For Appellant : Ms.R.Sree Vidhya For RR1 to 4 : Mr.Ma.P.Thangavel For M/s.V.Kathiravan J U D G M E N T
The Insurance Company, which is arrayed as the second respondent before the Tribunal has come forward with this appeal, challenging the liability causing on it in the award arising from M.C.O.P.No.17 of 1997 on the file of the Motor Accidents Claims Tribunal [Principal Sub Court, Nagapattinam].
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
kmi
To
1 cc to Mr. Veerakathiravan, Advocate, Sr. 72559
1 cc to Mrs.R. Sreevidhya, Advocate, SR. 72868
C.M.A.No.364 of 2003
CA(CO) kk 25/1
The Branch Manager, United India Insurance Co. Ltd., Salem
R.Savithri
R.Vijayalakshmi
R.Thenmozhi
R.Venkatesan
K.Kannan
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
