Court : Chennai Madurai
..... plea was taken that the policy commences from the time of handing over the proposal form and premium to the agent of the insurance company, in view of the provision of section 64-vb of the provisions of insurance act. a single bench of the madhya pradesh high court, on going through ex.d4- policy and on perusal of the same found ..... (mp)], the facts of the case would disclose that the accident took place at about 1.30 p.m. on 02.11.1999 and whereas the petitioner got insured at 4.15 p.m. after the accident. a single bench of madhya pradesh high court found that the premium amount was paid by the third respondent prior to the accident ..... hours. however, in the facts of the case, the hon'ble supreme court found that the policy was taken subsequent to the said incident and therefore, exonerated the insurance company. 8.4. in national insurance co. ltd. motor third party claims, chennai-2 v. n.ponnaiyan @ kolappan and others [2004 (1) tn mac 63 (db)], similar issue arises for consideration and .....
Tag this Judgment!Court : Chennai Madurai
..... the tribunal. 3. according to the claimants/respondent no.1 in each appeal, they have filed separate m.c.o.ps., under section 166 of motor vehicle act for compensation against the appellant insurance company and the second respondent herein, who is the owner of the vehicle. it is stated that on 28.03.2002, all the claimants were travelled from ..... and negligent manner and caused the accident, for which, all the claimants got injured. hence, the claimants have filed the claim petitions before the tribunal, for awarding compensation. 4. during the trial, the tribunal, examined p.ws.1 to 9 and marked exs.p1 to 24 on the side of the claimants and examined r.ws.1 and 2 ..... the appellant insurance company is directed to deposit the entire balance award amount along with cost and accrued interest at the rate of 9% per annum from the date of filing the petition till the date of realisation of the amount, within a period of six weeks from the date of receipt of a copy of this order. (iv) on depositing .....
Tag this Judgment!Court : Chennai Madurai
..... appellant is entitled to be indemnified by third respondent, contractor as per section 12(2) of workmen's compensation act. as held by hon'ble supreme court reported in 2004 (8) scc 517 (national insurance company limited vs. challa bharathamma and others), the appellant need not file a suit for recovery of compensation ..... research organization, whether it is bound to pay compensation under workmen compensation act? 3. assuming isro is the principal employer can it be clothed with absolute responsibility without any lability to the contractor the third respondent and insurance company the fourth respondent? 4. can the appellant be held responsible for damages when the accident is ..... in not fixing the liability on the third respondent. (iv) ought to have ordered that appellant is entitled to be indemnified by third respondent / contractor as per section 12(1)(2) of workmen's compensation act. (v) the fact that third respondent had taken insurance for rs.60,00,000/- for 30 unnamed persons and .....
Tag this Judgment!Court : Chennai Madurai
..... exercise of the powers conferred by sub-section (1) read with clause (cc) of subsection (2) of section 48 of the life insurance corporation of india act, 1956 making the life insurance corporation of india development officers (revision of certain terms and conditions of service) rules, 2009, more particularly rule 8 dealing with promotion ..... been returned by the branch manager. 3. continuing his arguments, the learned counsel for the petitioners submitted that a mere comparison between the life insurance corporation of india class iii and iv employees (promotion) rules, 1987 (for short, the 1987 rules ?) and the 2009 rules filed herewith would certainly prove that all the ..... act, 1956 making the rules regulating certain terms and conditions of service relating to business performance of development officers of the life insurance corporation of india. as rule 8 thereof is also more important, which is similar and same to rule 13 of the 2009 rules dated 1.4.2009, the same is also reproduced .....
Tag this Judgment!Court : Chennai Madurai
..... the accident. therefore, even in case of no licence if the insurance company establishes that the driver of the insured vehicle was not in possession of any type of licence, the insurance company is to be exonerated but as per sub-section (4) and (5) of section 149 of the act, they can be directed to pay and recover. therefore, the questions ..... ,20,000/-2.funeral expensesrs. 30,000/-3.loss of incomers. 5,00,000/-4.pain and suffering, mental agony and loss of love and affectionrs. 5,00,000/-totalrs.26,70,000/-restricted tors.15,00,000/- 7. the appellant / insurance company filed a counter affidavit denying the contents of the claim petition and also took ..... are answered accordingly in all the civil miscellaneous appeals. since in all the above appeals the insurance company has established no licence to .....
Tag this Judgment!Court : Chennai Madurai
..... the van. the tribunal ought to have seen that after amendment of motor vehicles act as per section 157 of the new act the, the insurance company is liable to pay compensation to a third party even if transfer was not intimated to the insurance company. tribunal erred in holding that appellants have travelled as paid passengers. on ..... the palm tree and appellants and others sustained injury. they took treatment and claimed compensation for the injuries sufferred by them as well as for the disability. 4. the first respondent filed counter statement and contended that she sold the vehicle on 02.09.1996 to one m.narayanan and informed to the concerned regional transport ..... ltd., vs. asha rani and others ii)2008(2) tnmac 29 (sc) national insurance co., ltd., vs. cholleti bharatamma and others iii)2009(1) tnmac 103(sc) national insurance co. ltd., vs. rattani and others iv) 2012(1) tnmac 89 (db) royal sundaram alliance general insurance co., ltd., vs. p.ayyakannu and others) v) 2011(2) tnmac 774 ( .....
Tag this Judgment!Court : Chennai Madurai
..... 173 of the motor vehicles act, 1988 against the judgment and decree dated 11.07.2006 passed in m.a.c.o.p.no.906 of 2000, on the file of the motor accidents claims tribunal (additional district and sessions court) (fast track court no.1), madurai.) 1. the appellant/united india insurance company has filed the ..... part of the lorry driver even in giving complaint in the police station. hence, the tribunal had rightly considered the point of negligence and no interference is required. 4. heard both sides. 5. considering the rival submissions, this court is of the view that the tribunal in issue no.1 had elaborately dealt these aspects. on ..... no.906 of 2000, dated 11.07.2006, is confirmed and the civil miscellaneous appeal is dismissed. 6. the learned counsel appearing for the appellant/united india insurance company limited had represented that the appellant has already been deposited the entire award amount with accrued interest. the first respondent/claimant is permitted to withdraw the entire .....
Tag this Judgment!Court : Chennai Madurai
..... the tribunal, which shows that the accident occurred on the middle of the road and therefore, 50% liability ought to have been imposed on the oriental insurance company limited. 4. learned counsel for the respondent/oriental insurance company limited opposed the appeals, by stating that it is a case where all the victims were travelling in the van and the lorry which was ..... of the van, because the driver of the van had not committed any act of negligence. it is further contended that fir was registered only against the driver of the lorry, which was insured with the appellant national insurance company limited. therefore, no liability can be fixed on the oriental insurance company limited. further, on reading of the findings of the tribunal, it is .....
Tag this Judgment!Court : Chennai Madurai
..... 500/- and rs.88,000/- respectively with interest at 7.5% per annum. challenging the awards, the appellant insurance company preferred these appeals, mainly on the ground that it is only act policy and therefore, the insurance company is not liable to pay compensation and is to be exonerated in totality. 2. the learned counsel for ..... damage to any property of a third party, a limit of rupees six thousand : provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of ..... and they are not entitled for any compensation from the insurance company, but the tribunal in violation of the abovesaid statutory provision, erroneously found that they are only third parties and entitled for compensation. such findings are in violation of section 147 of the act. 4. in view of the above legal position, the impugned .....
Tag this Judgment!Court : Chennai Madurai
..... sl.no.headsamount1loss of income32,32,0802loss of love and affection10,0003loss of consortium to the first respondent10,0004funeral expenses3,000 total32,55,080 4. aggrieved by the said award, the appellant insurance company has come out with the present appeal. 5. the learned counsel for the appellant has contended that the owner of the auto/fifth ..... that the accident took place only due to the rash and negligent driving by the driver of the auto and considering section 149(2) of the motor vehicles act and the judgment of the jammu and kashmir high court reported in 2010 acj 1526 [tashi rigzin vs. stanzin jigmed and others] held that the appellant is ..... multiplier is 14 and the tribunal erred in applying multiplier of 15. 6. the learned counsel for the respondents 1 to 4 submitted that the tribunal considered the provisions of the motor vehicles act and well settled judicial pronouncements in proper perspective and held that the appellant is not exempted from it's liability to pay .....
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