The Head Office v. v.Narendiran
Case brief
What is this about?
Appeal by insurer against award holding it liable to pay compensation. Court held lorry driver was tortfeasor, not claimant. Dismissed insurer of claimant, held insurer of lorry liable.
What did the court decide?
Civil Miscellaneous Appeal allowed; Third respondent directed to deposit entire compensation amount with interest.
What the court decided
C.M.A.No.3271 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
Civil Miscellaneous Appeal No.3271 of 2021 and
Civil Miscellaneous Petition No.18584 of 2021
The Head Office,
HDFC ERGO General Insurance Co Ltd., 1st Floor, 165-166, Backbay Reclamation, H.T.Parakh Marg, Churchgate, Mumbai 400 020. ... Appellant / 3rd respondent
Vs.
- V. Narendiran ... Respondent / Petitioner
- M. Subramani
- [R2 remained ex-parte before the Tribunal. Hence, notice to R2 dispensed with]
Issues for consideration
2 issues framed by the court
Whether an insurer can be directed to pay compensation for injuries to its own policyholder acting as a tortfeasor.
Whether compensation under Section 163-A can be claimed by a driver who is the owner of the vehicle involved in the accident.
Parties & counsel
- appellant
HDFC ERGO General Insurance Co Ltd.
- respondent
V. Narendiran
- respondent
M. Subramani
- respondent
Shriram General Insurance Co Ltd.
Coram
Case details
As recorded by the court registry
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