The Branch Manager, v. Thirugnanampari @ Parivallal
Case brief
What is this about?
The Madras High Court modified the lower order in a compensation appeal, directing the insurance company to pay the awarded amount with interest while reserving the right to recover a portion from the un-implemented owner of the goods. The court highlighted the policy lacuna regarding coverage for goods ownership changes.
What did the court decide?
The Insurance Company is directed to pay Rs.4,59,796/- with 12% interest and costs, less any amount already deposited, and retains the right to recover Rs.1,50,000/- from the owner of the goods.
What the court decided
C.M.A(MD)No.1672 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.06.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)No.1672 of 2013
The Branch Manager, United India Insurance Company Limited, Seethalakshmi Complex, Madurai – 625 006.
... Appellant Vs.
1.Thirugnanampari @ Parivallal 2.R.Rajendran ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 30 of the Workmen's Compensation Act 1923, against the order, dated 15.10.2012, made in W.C.No.76 of 2011, on the file of the Workmen Compensation Deputy Commissioner of Labour, Madurai.
For Appellant : Mr.A.S.Mathialagan For R1 : Mr.C.M.Mari Chelliah Prabhu for M/s.Eddy and Emboss *****
Issues for consideration
3 issues framed by the court
Whether the insurance company is liable for compensation when the injured was engaged by the owner of goods rather than the vehicle owner.
Whether liability for compensation extends to the owner of goods who purchased them but were not impleaded.
Whether a comprehensive insurance policy should cover the seller, vehicle owner, and buyer to fix liability on all parties.
Parties & counsel
- appellant
The Branch Manager, United India Insurance Company Limited
- respondent
1.Thirugnanampari @ Parivallal
- respondent
2.R.Rajendran
Coram
Case details
As recorded by the court registry
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