Insurance company appeal against MACT award of Rs.1,19,820 for injuries to a two-wheeler rider hit by an auto driven without a valid licence. The court held breach of policy condition is a matter between insurer and insured and confirmed the quantum and liability, dismissing the appeal.
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CMA. No.2676 of 2012
M.DHANDAPANI, J.
The matter is listed today under the caption “for being mentioned”.
'' 6. This Court has carefully considered the submissions made by the learned counsel for the appellant and perused the materials available on record.''
dated 17.12.2024 shall stand unaltered.
04.02.2026
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Note: Registry is directed to issue a fresh order copy after making necessary corrections.
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M.DHANDAPANI,J.
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CMA. No.2676 of 2012
04.02.2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
CMA.No.2676 of 2012
The Oriental Insurance Co. Ltd.,
nd Siva Complex, 2 Floor, 22 C, Sarada College Main Road, Salem, … Appellant -vs-
.. Respondents
PRAYER: Civl Miscellaneous Petition has been filed under Section 173 of the Motor Vehicle Act, against the judgment and decree made in MACT OP. No.636 of 2009 on the file of the Motor Accidents Claims Tribunal Chief Judicial Magistrate, Dharmapuri dated 30.11.2011.
For Appellant : Mr.M.Krishnamoorthy
For Respondent : NRN
JUDGMENT
The appellant Insurance company has filed the appeal seeking quantum of
compensation in judgment and decree made in MACT OP. No.636 of 2009 on
the file of the Motor Accidents Claims Tribunal Chief Judicial Magistrate, Dharmapuri dated 30.11.2011.
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his two wheeler bearing Reg, No. TN 29 AA 0553, at that time, the second respondent was driving auto bearing Reg. No.TN 29 F 9244, in a rash and negligent manner, on the same direction and dashed against the two wheeler. The claimant sustained grievous injuries. In view of the same, the claimant underwent treatment as an inpatient for nearly 10 days and he also underwent a couple of surgeries. The disability was assessed by the medical board at 20%. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.
on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the offending vehicle and awarded a sum of Rs.1,19,820/-. Having rendered such a finding, the Tribunal found that the driver of the auto did not possess a valid driving license.
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time of the accident is well established through evidence. No doubt the owner of the Maxi was at fault for having allowed a person who did not possess valid driving license to operate the vehicle. At the same time, one should not loose right of the fact that the maxi cab was having valid insurance cover during the relevant period. The breach of policy condition is a matter to be sorted out between the insurer and the insured. The claimant should not be allowed to suffer in any manner because of the breach of policy conditions by the insurer. The claimant has not filed any cross appeal seeking enhancement of compensation. Therefore, this Court has no hesitation to confirm the quantum of compensation awarded by the Tribunal. The liability fastened on the appellant is also perfectly in order. The appellant is always at liberty to take action as per the law against the insurer if they are so aggrieved.
costs.
17.12.2024
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To
The Motor Accidents Claims Tribunal
Chief Judicial Magistrate, Dharmapuri
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M.DHANDAPANI.,J
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CMA.No.2676 of 2012
17.12.2024
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1 issue framed by the court
Whether the quantum of compensation and liability fastened on the insurer by the Tribunal were correct where the driver lacked a valid driving licence.
1 provisions across 1 enactments
The Oriental Insurance Co. Ltd.
Loganathan
Balamurugan
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
