This order in the Civil Miscellaneous Appeal held that the respondent could not get over liability to deposit the award amount, though proof of insurance was later questioned.
Directed the appellant/insurance company to deposit the award amount of Rs.64,500/- along with interest @ 9% within three weeks.
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CMA(MD) No.442 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Wednesday, the Fourth day of September Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice KRISHNAN RAMASAMY
CMA(MD) No.442 of 2005
M/S.UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISION 1, MADURAI-1.
... APPELLANT/ 2nd RESPONDENT
Vs 1 M.JAMAL ... RESPONDENT/ PETITIONER
2 K.GOWRI ... RESPONDENT/1st RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the judgment and decree dated 08.04.2004 and made in MCOP.No.1294/2000, on the file of the Motor Accident Claims Tribunal/Principal Sub Judge, Madurai by allowing the Civil Miscellaneous Appeal.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.SRINIVASAN, Advocate for the petitioner and of Mr.A.Jahangir Badusha, for R1, the court made the following order:-
This appeal has been preferred by the appellant/Insurance Company challenging the liability fixed by the Tribunal against the appellant/Insurance Comapny only on the sole ground that there was no valid insurance policy taken by owner of the vehicle. However, the lower Court had come to the conclusion that the Insurance Company has not taken any steps at the time of hearing the MCOP in order to disprove that there is no insurance policy. But they have taken the stand that there is no valid insurance policy available for the vehicle owner at the time of accident, only at the present appeal. However, the learned counsel for the appellant fairly submitted that they are ready to deposit the amount, if it is not deposited already and prays for passing orders to the extent of pay and recovery.
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CMA(MD) No.442 of 2005
2.This Court, at this stage, is not inclined to pass an order for pay and recovery, however, directed the appellant/Insurance Company to deposit the award amount of Rs.64,500/- along with interest @ 9% as awarded by the Tribunal within a period of three weeks from the date of receipt of a copy of this order.
3.Post the matter on 30.09.2019.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO THE PRINCIPAL SUB JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MADURAI +1 CC to M/s.R.SRINIVASAN, Advocate ( SR-14889[I] dated 05/09/2019) +1 CC to M/s.A.JAHANGIR BAAUSHA, Advocate ( SR-14817[I] dated 05/09/2019) ORDER IN CMA(MD) No.442 of 2005 Date :04/09/2019 rj2 ES/PN/SAR 4/09.09.2019/2P/4C
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M/S.UNITED INDIA INSURANCE COMPANY LIMITED
M.JAMAL
K.GOWRI
KRISHNAN RAMASAMY
As recorded by the court registry
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