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The Branch Manager, National Insurance Company Limited Vs. R. Jayakumar and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A(MD)No. 515 of 2014 & M.P.(MD).No. 2 of 2014
Judge
AppellantThe Branch Manager, National Insurance Company Limited
RespondentR. Jayakumar and Another
Excerpt:
motor vehicles act - section 173 -.....order dated 31.08.2012 and made in m.c.o.p.no.25 of 2012, on the file of the motor accidents claims tribunal / chief judicial magistrate, kumbakonam.) 1. the appellant/insurance company limited has filed the present c.m.a(md)no.515 of 2014, challenging the award passed in m.c.o.p.no.25 of 2012, dated 31.08.2012, on the file of the motor accidents claims tribunal/ chief judicial magistrate, kumbakonam. 2. the learned counsel appearing for the appellant/insurance company fairly concedes that it is a case of injury and the f.i.r. was filed against the driver, who was driving the vehicle and the vehicle was insured with the appellant/insurance company. it is further contended that the charge sheet was also filed against the driver, who was driving the vehicle, which was insured with.....
Judgment:

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Order and Decreetal Order dated 31.08.2012 and made in M.C.O.P.No.25 of 2012, on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Kumbakonam.)

1. The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.515 of 2014, challenging the award passed in M.C.O.P.No.25 of 2012, dated 31.08.2012, on the file of the Motor Accidents Claims Tribunal/ Chief Judicial Magistrate, Kumbakonam.

2. The learned counsel appearing for the appellant/Insurance Company fairly concedes that it is a case of injury and the F.I.R. was filed against the driver, who was driving the vehicle and the vehicle was insured with the appellant/Insurance Company. It is further contended that the charge sheet was also filed against the driver, who was driving the vehicle, which was insured with the appellant/Insurance company and therefore the grounds raised in the present appeal cannot be considered in favour of the appellant/Insurance Company.

3. In view of the facts and circumstances of the case, the award passed by the Motor Accident Claims Tribunal in MCOP.No.25 of 2012, dated 31.08.2012, is confirmed and the Civil Miscellaneous Appeal is dismissed.

4. The appellant/Insurance Company is directed to deposit the entire award amount with accrued interest within a period of four weeks from the date of receipt of a copy of this order and thereafter, the respondent/claimant is permitted to withdraw the entire award amount with accrued interest, by filing necessary application before the Tribunal. No costs. Connected miscellaneous petition is closed.


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