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The Branch Manager, The New India Assurance Co. Ltd., Chennai Vs. Arockiyamary @ Mary and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A(MD)No. 629 of 2009
Judge
AppellantThe Branch Manager, The New India Assurance Co. Ltd., Chennai
RespondentArockiyamary @ Mary and Others
Excerpt:
.....is decided against the owner and in favour of the insurer. before release of the amount to the insured, owner of the vehicle shall be issued a notice and he shall be required to furnish security for the entire amount, which the insurer will pay to the claimants. the offending vehicle shall be attached, as a part of the security. if necessity arises the executing court shall, take assistance of the concerned regional transport authority. the executing court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. in case there is any default it shall be open to the executing court to direct realization by disposal of the securities to be furnished or from any other property or properties of the.....
Judgment:

1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.629 of 2009, challenging the award passed in M.C.O.P.No.185 of 2006, dated 14.11.2008, on the file of the Motor Accidents Claims Tribunal, (III Additional Subordinate Court), Trichy.

2. It is a case of an accident took place on 17.06.2005 at about 17.15 hours at Aravakkudi South near Chockalingam Well. During the accident, the deceased sustained multiple grievous injuries on vital parts of the body and died instantly.

3. The heirs filed the claim petition before the III Additional Subordinate Court, Trichy, in MCOP.No.185 of 2006. The Motor Accident Claims Tribunal considering the facts and circumstances of the case and awarded Rs.4,16,375/- towards total compensation.

4. The appellant/Insurance Company preferred this appeal solely on the ground that the driver, who was driving the vehicle was not having valid driving licence and therefore the appellant/Insurance Company is not liable to pay any compensation to the victims. The case of no licence cannot be a ground to exonerate the Insurance Company from liability and the principles laid down by the Hon'ble Supreme Court of India in the case of Oriental Insurance Company Limited vs. Nanjappan and others reported in(2004) 13 SCC 224 is applied which is extracted below:

8. Therefore, while setting aside the judgment of the High Court we direct in terms of what has been stated in Baljit Kaur's case (supra) that the insurer shall pay the quantum of compensation fixed by the Tribunal, about which there was no dispute raised, to the respondent-claimants within three months from today. For the purpose of recovering the same from the insured, the insurer shall not be required to file a suit. It may initiate a proceeding before the concerned Executing Court as if the dispute between the insurer and the owner was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. Before release of the amount to the insured, owner of the vehicle shall be issued a notice and he shall be required to furnish security for the entire amount, which the insurer will pay to the claimants. The offending vehicle shall be attached, as a part of the security. If necessity arises the Executing court shall, take assistance of the concerned Regional Transport authority. The Executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. In case there is any default it shall be open to the Executing court to direct realization by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, the insured. The appeal is disposed of in the aforesaid terms, with no order as to costs.

5. Considering the facts and circumstances of the case, the ratio laid down by the Hon'ble Supreme Court of India in the case cited supra, the award passed by the Motor Accident Claims Tribunal in MCOP.No.185 of 2006, dated 14.11.2008, is confirmed and the Civil Miscellaneous Appeal is dismissed.

6. The learned counsel appearing for the appellant/Insurance Company represented that the entire award amount has already been deposited and the respondent / claimant is permitted to withdraw the entire award amount along with accrued interest and costs by making necessary applications before the Tribunal. No costs.


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