K. Geetha v. M. Samraj
Case brief
What is this about?
The High Court allowed the civil miscellaneous appeals in part, modifying the Tribunal's order. It directed the insurance company to pay compensation first and then recover it from the vehicle owner due to a policy breach involving the driver's invalid license.
What did the court decide?
The judgment was modified to direct the insurance company to pay compensation to the claimants first and thereafter recover the same from the vehicle owner.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2020
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
C.M.A.Nos.452 and 453 of 2017
K.Geetha ... Appellant/Petitioner in C.M.A.No.452 of 2017 M.V.Kothandapani ... Appellant/Petitioner in C.M.A.No. 453 of 2017
Vs
- M.Samraj
- The Divisional Manager,
The Oriental Insurance Company, "Jambu Bala Complex" Arcot Road, Vellore - 632 004.
- G.Jagadeesan
- Bajaj Allianz General Insurance Company Ltd., New No.30, Old No.85, 1st Avenue (1st Floor)
Ashok Nagar, Chennai - 600 083.
Issues for consideration
2 issues framed by the court
Whether the Motor Accidents Claims Tribunal erred in directing the vehicle owner to pay compensation instead of the insurance company when the vehicle insurance policy covered the risk.
Whether the quantum of compensation awarded in the award is appropriate and requires enhancement.
Parties & counsel
- appellant
K. Geetha
- appellant
M. V. Kothandapani
- respondent
M. Samraj
- respondent
The Divisional Manager, The Oriental Insurance Company
- respondent
G. Jagadeesan
- respondent
Case details
As recorded by the court registry
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