Selvam v. Devagi
Case brief
What is this about?
The High Court allowed an appeal against the Motor Accidents Claims Tribunal's award. The Court held that the accident occurred while the insurance policy was subsisting, rejecting the insurance company's claim of prior cancellation based on a dishonoured cheque and a cancellation notice served after the accident.
What did the court decide?
The owner of the vehicle and the Insurance Company shall jointly and severally pay the compensation determined by the Tribunal along with interest.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2016
CORAM:
THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
C.M.A.No.853 of 2004
- Selvam
2. Velankanni
3. Sagayanathan
4.Chinnappan. ... Appellants/Claimants
Vs.
1.Devagi
2. The United India Insurance Company Ltd.,
Thiruvannamalai. ... Respondents /Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
the Motor Vehicles (Amendment) Act, 1994, against the order and
decreetal order dated 19.09.2003 made in M.V.A.C.O.P.No.612 of
1997 on the file of the Motor Accidents Claims Tribunal and
District Judge, Thiruvannamalai.
For Appellants : Mr.R.Thirugnanam
For Respondents : No appearance
JUDGMENT
The claimants in M.V.A.C.O.P.No.612 of 1997 before the
Motor Accidents Claims Tribunal [District Judge],
Thiruvannamalai, have come forward with this appeal, challenging
the award, whereunder, the second respondent/the Insurance
Company was absolved of liability to pay the compensation.
- On 03.06.1997, a lorry belonging to the first respondent and insured with the second respondent-Insurance Company, dashed against a two wheeler, owing to which one Abragham who was travelling as a pillion rider died. His legal representatives preferred a claim before the MACT seeking a total compensation of Rs.2,00,000/-, as against which, the Tribunal determined the total compensation payable at Rs.2,19,000/-, but still restricted the award amount to what was actually claimed i.e. Rs.2,00,000/-.
Issues for consideration
2 issues framed by the court
Whether the insurance company is liable to pay compensation when the policy was subsisting on the date of the accident despite a claim of cancellation before the Tribunal.
Whether the Tribunal erred in exonerating the insurance company on the grounds of dishonoured premium cheque and subsequent cancellation.
Parties & counsel
- appellant
Selvam
- appellant
Velankanni
- appellant
Sagayanathan
- appellant
Chinnappan
- respondent
A. Devagi
- respondent
Case details
As recorded by the court registry
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