The High Court allowed an appeal against an award that granted recovery rights to an insurance company for a vehicle under 7500 kgs. The Court set aside the award citing settled Supreme Court law prohibiting recovery for such light motor vehicles.
Award granting pay and recovery rights set aside; claimants permitted to withdraw deposited amount.
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.
C.M.A. No.1088 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.1088 of 2018
and C.M.P. Nos.9133 to 9135 of 2018
P. Reddy, M/s.Indofil Industries Ltd., LIPL – A-163916, residing at No.1625, Trichy Road, Opposite of Stanes Conention Centre, Coimbatore.
Coimbatore. ... Appellant vs. Kamala (Died) 1. Raja 2. Sankar 3. Murugan 4. The Divisional Manager, Royal Sundaram Alliance Insurance Co. Ltd., No.5, R.J. Plazam Katpadi Main Road, Near Palar Bridge, Virudhampet, Chennai. .... Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the direction issued to recover the award amount from the appellant in the award dated 29.04.2017 passed in MCOP No.14 of 2016 on the file of Special Sub Judge, Motor Accident Claims Tribunal.
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C.M.A. No.1088 of 2018
For Appellant : Mr.S. Arun Kumar For Respondents : Ms. C. Harini for M/s.M.B.Gopalan R1 to R3 - Dispensed with vide Court order, dt 21.02.2018
JUDGMENT
This appeal has been filed by the owner of the vehicle, which was
involved in the accident which resulted in the death of the accident victim.
2. Heard Mr.S. Arun Kumar, learned counsel for the Appellant and Ms.C. Harini, learned counsel for the fourth respondent.
the Insurance Company which has insured the Bolero van, which was involved in the accident. The appellant is the owner of Bolero Van and he claims that erroneously the Tribunal has granted pay and recovery rights to the 4th respondent / Insurance Company, despite the settled law that insofar as a vehicle whose unladen weight is less than 7500 kgs, pay and recovery rights cannot be granted.
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C.M.A. No.1088 of 2018
weight is below 7500 kgs. It is settled law as laid down in the decision rendered by the Hon'ble Supreme Court in the case of Mukund Dewangan reported in ( 2016) 4 SCC 298 that in case of a Light Motor Vehicle (LMV) if the unladen weight is less than 7500 kgs, pay and recovery rights cannot granted. In view of the settled law, this Court is of the considered view that the Tribunal by total non application of mind to the well settled law has erroneously granted pay and recovery rights to the 4th respondent / Insurance Company under the impugned award.
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C.M.A. No.1088 of 2018
deposited the award amount, the respondents 1 to 3 / claimants are permitted to withdraw the amount, by filing appropriate application before the Tribunal, within a period of four weeks from the date of receipt of a copy of this judgement.
10.04.2024
Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2
To
2.The Section Officer, V.R. Section, High Court of Madras, Chennai – 104.
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C.M.A. No.1088 of 2018
ABDUL QUDDHOSE, J.
vsi2
C.M.A. No.1088 of 2018 and C.M.P. Nos.9133 to 9135 of 2018
10.04.2024
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2 issues framed by the court
Whether pay and recovery rights can be granted against a vehicle with unladen weight less than 7500 kgs under the Motor Vehicles Act.
Whether the Motor Accident Claims Tribunal erred in granting recovery rights against an LMV weighing below 7500 kgs contrary to settled law.
Colour shows how this judgement treated each authority
Mukund DewanganExplained¶4
(2016) 4 SCC 298 · Who else cites this
1 provisions across 1 enactments
P. Reddy
Kamala (Died) 1. Raja 2. Sankar 3. Murugan
Royal Sundaram Alliance Insurance Co. Ltd.
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Abdul Qudhose
Parties & counsel
