Allowed

A. Venkatachalapathy v. M.Damodharan,S/O.Munusamy

Madras HC7 Dec 2016CMA/3701/2004

Case brief

AI extract

What is this about?

The High Court of Madras allowed the appeal, applying the doctrine of pay and recover. It directed the insurance company to deposit the awarded amount with interest at 9% per annum within four weeks before seeking recovery from the vehicle owner, as the claimant was an agriculturist transporting goods.

What did the court decide?

Insurance company directed to pay the award amount plus interest at 9% p.a. within four weeks and recover it from the vehicle owner.

A. Venkatachalapathy Vs M.Damodharan,S/O.Munusamy — Motor Accident Claims | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE : 07.12.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SESHASAYEE

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C.M.A.No.3701 of 2004

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A.Venkatachalapathy (Died) 2. Kanchana 3. Sowmiya

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Vaisali 5. U.S.Annamalai 6. Thilagavathi (Appellant 2 to 6 brought on record as LR's of the deceased sole Appellant vide Court order dated 15.11.2016 by GCJ in CMP.221 to 223 of 2015) ... Appellants/Petitioner Vs. 1. M.Damodharan 2. The Manager, Oriental Insurance Company Ltd., 3^rd Floor, No.8, Esplanade, Chennai – 600 108. ... Respondents /Respondents

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Prayer : Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, 1988, against the order and decreetal order dated 09.09.2003 passed in MCOP No.440 of 1999 on the file of Motor Accidents Claims Tribunal, Fast Track Court No.II (Additional District Judge), Kancheepuram.

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The appellant/claimant was not represented. However, the learned counsel for the respondent/Insurance Company was present to assist the Court.

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

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It is a case, where in a road accident that had taken place on 27.02.1998, the claimant, who was travelling in a goods vehicle alongwith the goods, had suffered injury and moved the Motor Accident Claims Tribunal with the claim of Rs.2,00,000/-, whereas the Tribunal has passed an award for Rs.75,000/inasmuch as the claimant was travelling in a goods carrier the Tribunal has absolved the Insurance Company [the second respondent] liability.

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The only point arises in this appeal seems to be that instead of exempting the Insurance Company entirely from liability, the appellant/claimant was keen to raise an issue of applying doctrine of pay and recover of the case. The records of the Tribunal was perused. At the time when the accident took place the injured, an agriculturist, had taken the vegetables from his place to the vegetable market in Koyambedu. Therefore, it is the case where doctrine of pay and recover can be applied. Accordingly, the Civil Miscellaneous Appeal is allowed and the Insurance company is directed to pay the award amount at the first instance and recover the same from the first respondent/owner of the vehicle. The Insurance Company is directed to deposit the sum awarded by the Tribunal with interest at 9% per annum within four weeks from the date of receipt of copy of this order, less any amount, if any already deposited by the owner of the vehicle. Thereafter, the claimants are entitled to receive the same forthwith. No costs.

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Sd/Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

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To:

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Motor Accidents Claims Tribunal, Fast Track Court No.II (Additional District Judge), Kancheepuram. 2. The Manager, Oriental Insurance Company Ltd., 3^rd Floor, No.8, Esplanade, Chennai – 600 108.

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

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The Record Keeper,

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V.R.Section, High Court, Madras.

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+1cc to M/S.R.Sivakumar, Advocate Sr.71919

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C.M.A.No.3701 of 2004

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rsk[co]
srg 25/01/2017

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

A. Venkatachalapathy v. M.Damodharan,S/O.Munusamy

Case brief

What is this about?

What did the court decide?

A. Venkatachalapathy v. M.Damodharan,S/O.Munusamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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