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The Oriental Insurance Co. Ltd., Through its Divisional Manager, Tirunelveli Vs. N. Mohammed Mohideen and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A(MD)No. 863 of 2010 & M.P.(MD)No. 1 of 2010
Judge
AppellantThe Oriental Insurance Co. Ltd., Through its Divisional Manager, Tirunelveli
RespondentN. Mohammed Mohideen and Others
Excerpt:
.....heirs of deceased, who died in road accident respondent sought for compensation before tribunal tribunal awarded prescribed amount as compensation appellant/ insurance company aggrieved by said award, contended that as driver of vehicle had not possessed valid driving licence, appellant should be exonerated from liability-hence this civil miscellaneous appeal- court held as per principles of pay and recover laid down in apex court decision no error in award passed by tribunal - award passed by tribunal was confirmed direction was issued for parties to deposit and withdraw entire award amount with interest within prescribed period, by making necessary applications before tribunal -civil miscellaneous appeal was dismissed. paras: (3,5) cases relied: oriental insurance co...........the award made in m.c.o.p.no.1565 of 2007, dated 17.12.2009, on the file of the motor accidents claims tribunal cum principal district judge, tirunelveli.) the appellant/oriental insurance company limited has filed the present c.m.a(md)no.863 of 2010, challenging the award passed in m.c.o.p.no.1565 of 2007, dated 17.12.2009, on the file of the motor accidents claims tribunal-cum-principal district judge, tirunelveli. 2. it is an unfortunate a case of fatal accident and the heirs of the deceased filed the petition claiming compensation. considering the facts and the circumstances of the case, the motor accidents claims tribunal awarded rs.1,90,000/- as total compensation. 3. the learned counsel appearing for the appellant contended that the present appeal is filed mainly on the ground.....
Judgment:

(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award made in M.C.O.P.No.1565 of 2007, dated 17.12.2009, on the file of the Motor Accidents Claims Tribunal cum Principal District Judge, Tirunelveli.)

The appellant/Oriental Insurance Company Limited has filed the present C.M.A(MD)No.863 of 2010, challenging the award passed in M.C.O.P.No.1565 of 2007, dated 17.12.2009, on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Tirunelveli.

2. It is an unfortunate a case of fatal accident and the heirs of the deceased filed the petition claiming compensation. Considering the facts and the circumstances of the case, the Motor Accidents Claims Tribunal awarded Rs.1,90,000/- as total compensation.

3. The learned counsel appearing for the appellant contended that the present appeal is filed mainly on the ground that the driver, who was driving the vehicle was not possessed a valid driving licence. Therefore, the appellant / Insurance Company is to be exonerated from the liability. Except the above said ground, this Court do not find any error on the award passed by the Motor Accident Claims Tribunal and in respect of the sole ground that the principles of pay and recovery to be ordered.

4. On this aspect, in the judgment reported in (2004)13 SCC 224 in the case of Oriental Insurance Co. Ltd., vs. Nanjappan and others, the Hon'ble Apex Court made the following observations:-

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. Accordingly, the award passed by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Tirunelveli, in MCOP.No.1565 of 2007, dated 17.12.2009, is confirmed and this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected M.P.(MD) No.1 of 2010 is closed.

6. The appellant/Insurance Company is directed to deposit the entire award amount within a period of four weeks from the date of receipt of a copy of this order and thereafter, the respondents / claimants are permitted to withdraw the entire award amount along with accrued interest and costs by making necessary applications before the Tribunal forthwith.


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