In an appeal against a Motor Accidents Claims Tribunal award, the High Court held that driving without a valid licence violates policy conditions but does not void the policy. The court affirmed the Tribunal's award of Rs.3,01,533 without interfering in the quantum calculation.
Insurance Company directed to deposit compensation amount with accrued interest.
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: 02.08.2017
CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
C.M.A.No.3310 of 2009 and M.P.No.1 of 2009
The Divisional Manager
The United India Insurance Company Ltd., Divisional Officer, Ranipettai Vellore District. ...Appellant/2nd Respondent -Vs1.Raju 2.Bilva Nilayam Reddy 3.The Managing Director Andhra Pradesh State Transport Corporation Muzirabad, Hyderabad. ...Respondents/Petitioner/ 1 & 3 Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 27.07.2009 made in O.P.No.345 of 2003 on the file of the Motor Accidents Claims Tribunal (Sub-Court), Cheyyar, Thiruvannamalai District.
For Appellant : Mr.D.Bhaskaran For Respondents : Mr.K.G.Senthil Kumar [for R1] Mr.G.V.Shoba [for R3]
JUDGMENT
The Insurance Company of the tractor has come forward with this appeal challenging both its primary liability fastened on it as well as the quantum of compensation awarded.
4.The Tribunal in its award did entered a finding that the driver of the tractor did not possess a valid driving licence but chose to apply doctrine of pay and recover and directed the appellant to pay the liability arising out of the negligence of the driver of the insured at the first instance and to realise the same from him. Turning to the quantum, as against the claim of Rs.15.0 lakhs, the Tribunal has pased a total award of Rs.3,01,533/- and in its approach in arriving at the sum awarded, the Tribunal has taken into account the extensive injuries caused by the broken glass of the window shield on the head and face of the victim, fractures to his right hand and leg, and three surgeries that he had underwent to correct the injuries, it awarded Rs.1,24,533.33 towards medical expenses; Rs.30,000/- towards pain and suffering; Rs.10,000/- for transport; Rs.2000/- and another Rs.5,000/- for extra nourishment and attendant charges. On to the pecuniary damages, based on medical evidence, the Tribunal determined the permanent disability at 65% and awarded Rs.1,30,000 on this head.
https://hcservices.ecourts.gov.in/hcservices/ 7. In the end, this Court finds no merit and the appeal is
dimissed, thereby confirming the award of the Tribunal. The appellant is directed to deposit the compensation amount along with accrued interest @7.5% per annum, within four weeks from the date of receipt of a copy of this order, less if any amount already deposited, and the claimant is permitted to withdraw the same forthwith. No costs. Consequently, connected miscellaneous petition is closed.
ds
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
To:
1.The Judge
Motor Accidents Claims Tribunal
Sub Court
Cheyyar
Thiruvannamalai District.
2.The Section Officer
VR Section
High Court of Madras
Chennai.(2 copies)
+1cc to Mr.D.Bhaskaran, Advocate SR.No.55407
+1cc to M/s.G.V.Shoba, Advocate SR.No.55342
+1cc to Mr.K.G.Senthilkumar, Advocate Sr.No.55858
C.M.A.No.3310 of 2009
SKV(CO)
sm:5.2.2018
2 issues framed by the court
Whether the doctrine of pay and recover applies when the driver of an insured vehicle drives without a valid licence, constituting a policy violation but not an absence of policy.
Whether 65% permanent disability is excessive given the medical evidence of injuries from broken glass requiring three surgeries.
2 provisions across 1 enactments
The Divisional Manager, The United India Insurance Company Ltd.
Raju
Bilva Nilayam Reddy
The Managing Director, Andhra Pradesh State Transport Corporation
N.SEshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
