The High Court allowed an appeal against a Fair and Final Award where the tribunal denied compensation because the rider lacked a valid licence. Relying on Iffco Tokyo, the Court held the insurer must pay first and recover later, directing deposit of the award amount.
Insurance Company directed to deposit Rs.1,53,350/- with interest at 7.5% p.a. within six weeks.
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
DATED: 01.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.M.A.No.1357 of 2011
C.Shanmugam .. Appellant Vs.
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Fair and Final order in MCOP.No.944 of 2007, dated 24.10.2008 on the file of the Motor Accidents Claims Tribunal cum Principal Sub Judge, Coimbatore.
For Appellant : Mr.B.Nedunchezhiyan For 1st Respondent : Mr.M.Mariappan For 2nd Respondent : Mr.G.B.Saravanabhavan R3 : Served No Appearance JUDGMENT
In a road accident involving two motor cycles, the rider of the motor cycle was suffered injury due to which he has approached the Tribunal with a claim of Rs.5,00,000/- as compensation. As against this claim, the Tribunal has awarded Rs.1,53,350/- as compensation. The offending vehicle involved, as already indicated a motor cycle, belonged to the 2nd respondent and was insured with the 3rd respondent.
respondent
C.M.A.No.1357 of 2011 SS(CO) sp(27/10/2017)
1 issue framed by the court
Whether the insurance company is liable to pay compensation when the rider lacked a valid driving licence, invoking the pay and recover doctrine.
Colour shows how this judgement treated each authority
Iffco Tokyo General Insurance Co. Ltd. Vs. A.Jafer Sadiq & OthersApplied¶15
Iffco Tokyo General Insurance Co. Ltd., Vs. A.Jafer Sadiq & Others [2012(1) TN MAC 394 (DB)]
1 provisions across 1 enactments
C.Shanmugam
R.Kuilsamy
C.Palanisamy
M/s.Iffco Tokiyo General Insurance Company Ltd.
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N.Seshasayee
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