Dismissed

The Oriental Ins.Co.Ltd., v. 1.C.RAJENDRAN,S/O.KULAPANDIAN

Madras HC21 Dec 2016CMA/921/2001

Case brief

AI extract

What is this about?

In an insurance appeal filed under Section 173 of the Motor Vehicles Act, 1988, the High Court held that delaying execution would harm the claimant due to the age of the accident. The court confirmed the Tribunal award and ordered the appellant insurance company to deposit the amount, granting permission to seek recovery from the actual liable insurer if established.

What did the court decide?

The award confirming the Tribunal's award was dismissed and the appellant was directed to deposit the award amount with accrued interest within four weeks.

The Oriental Ins.Co.Ltd., Vs… — Contract and Commercial Disputes | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.12.2016

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CORAM : THE HONOURABLE Mr.JUSTICE N.SESHASAYEE

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CMA.No.921 of 2001

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The Oriental Insurance Co. Ltd., Dharmapuri.

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... Appellant/3rd Respondent

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Vs.

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1.C.Rajendran ... 1st Respondents/Petitioner 2.R.Kalaimani ... 2nd Respondent/1st Respondent 3.Natarajan ... 3rd Respondent/2nd Respondent

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Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 09.11.2000 made in MCOP.No.973 of 1989 on the file of the Motor Accidents Claims Tribunal cum Subordinate Judge, Dharmapuri.

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For Appellant : Mr. S.Manohar

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For Respondents : No Appearance

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JUDGMENT

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The appellant herein / third respondent before the Tribunal challenges the award passed in MCOP.No.973 of 1989 on the file of the Motor Accident Claims Tribunal cum Sub Court, Dharmapuri, on the ground that the offending vehicle was not insured with it.

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In a road accident that took place on 14.07.1987, a tempo van bearing registration No.TE-E-395 belonging to third respondent and driven by the second respondent dashed against the first respondent/claimant, owing to which the claimant suffered injuries, for which he approached the Motor Accidents Claims Tribunal with a claim for Rs.20,000/- and the Tribunal passed an award for Rs.10,000/- with 12% interest per annum.

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The learned counsel for the appellant submitted that at that relevant time the offending vehicle was insured with the United India Insurance Co. Ltd., and not with the appellant company.

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This matter is about 30 years since the date of accident and no profitable purpose would be achieved by delaying the matter further as it would offend the interest of the claimant. Even the award amount would have lost all its significance due to inflationary trends of the last three decades. https://hcservices.ecourts.gov.in/hcservices/

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I therefore, confirm the award passed by the Tribunal and the appellant/Insurance Company is directed to deposit the award amount with all accrued interest if not already deposited within a period of four weeks from the date of receipt of a copy of this order and on such deposit the claimant is entitled to receive the award amount forthwith. The appeal is dismissed without costs. If however, the appellant is able to establish that it is not the appellant, but the United India Insurance Company is liable to pay the compensation, then it is free to proceed against it for realisation of the amount which it now required to deposit in the Court.

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Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To
1.The Motor Accidents Claims Tribunal,
Sub Court, Dharmapuri.
2.The Record Keeper,
VR Section,
High Court, Madras.
+1cc to Mr. S. Manohart (SR.NO. 74598)
CMA.No.921 of 2001
RV(CO)
VR(01/02/2017)

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

The Oriental Ins.Co.Ltd., v. 1.C.RAJENDRAN,S/O.KULAPANDIAN

Case brief

What is this about?

What did the court decide?

The Oriental Ins.Co.Ltd., v. 1.C.RAJENDRAN,S/O.KULAPANDIAN

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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