Allowed

Manager-Claims, Tata Aig v. Chaneerappa

Madras HC1 Apr 2021CMA/2920/2017

Case brief

AI extract

What is this about?

The High Court allowed a Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988. The court exonerated the insurance company from liability and granted liberty to the claimant to proceed against the offending vehicle owner for recovery.

What did the court decide?

Insurance company exonerated from liability; liberty granted to claimant to proceed against vehicle owner for recovery.

Manager-Claims, Tata Aig Vs Chaneerappa — Motor Accident Claims | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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THURSDAY THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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PRESENT:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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Civil Miscellaneous Appeal No.2920 of 2017

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Manager-Claims,

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Tata AIG General Insurance Company Limited, No.403-L, Pantheon Road, Egmore, Chennai. ...

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... Appellant/2^nd Respondent

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-vs-

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1.Chaneerappa ..1^st Respondent/ Petitioner

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2.Balasubramani ... Respondent/1^st Respondent

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Prayer:-Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 23.02.2017 made in M.C.O.P.No.4 of 2015 on the file of the Motor Accident Claims Tribunal (Sub Court), Hosur.

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Decree:This Civil Miscellaneous Appeal coming on for hearing on 19.03.2021 and upon perusing the Grounds of Appeal, the order of the Lower court and the material papers in the case and upon hearing the arguments of Mr.K.Vinod,Advocate for the Appellant and of Mr.PA.Sudesh Kumar, Advocate for the First Respondent and the second Respondent Not appearing either in person or by an Advocate and the case having stood over for consideration till this day, this court while allowing this Civil Miscellaneous Appeal in modification of the order of the Tribunal,doth order and decree as follows:

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i)that the Appellant/Insurance Company be and hereby is exonerated from the liability to compensate the claimant.

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ii)that the first respondent herein/claimant is be and hereby granted liberty to proceed against the offending vehicle owner (second respondent herein) for the recovery of the award amount.

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

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iii)that there be no costs in this Civil Miscellaneous Appeal.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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1.The Motor Accident Claims Tribunal (Sub Court), Hosur.

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2.The Section Officer, V.R.Section, High Court, Madras.

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+1 cc to Mr.K.Vinod, Advocate Sr.NO.21662

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+1 cc to Mr. PA.Sudesh Kumar, Advocate Sr.NO.21715

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DATED:01.04.2021 DECREE C.M.A.No.2920 of 2017

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Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 23.02.2017 made in M.C.O.P.No.4 of 2015 on the file of the Motor Accident Claims Tribunal (Sub Court), Hosur etc as stated within.

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PM(CO) A.SK(25.10.2021)

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

Manager-Claims, Tata Aig v. Chaneerappa

Case brief

What is this about?

What did the court decide?

Manager-Claims, Tata Aig v. Chaneerappa

Case brief

What is this about?

What did the court decide?

What the court decided

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