Court : Chennai Madurai
..... of the tribunal with regard to non-possession of the valid driving licence is to be confirmed. 5. heard the learned counsel for the appellant insurance company and the learned counsel for the respondents 1 and 2 and the learned counsel for the third respondent and also perused the materials available on ..... 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 ..... driver who was plying the vehicle was not in possession of a valid driving licence and accordingly, pay and recovery has to be ordered. 4. the learned counsel for the respondents 1 and 2 is unable to dispute the fact that it is not a case of holding of a ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree in m.c.o.p.no.5031 of 2013 dated 16.10.2015, .....
Tag this Judgment!Court : Chennai Madurai
..... .c.o.p.no.222 of 2007 dated 12.12.2008, passed by the motor accident claims tribunal sub court, valliyur. the appellant insurance company is directed to deposit the balance 50% of the award amount with accrued interest and costs before the tribunal within a period of ..... 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 ..... the owner of the vehicle, but had failed to do so. hence, the present appeal is filed by the appellant insurance company. 4. heard the learned counsel for the appellant insurance company and perused the materials available on record. 5. in the instant case, as rightly contended by the learned counsel ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree in m.c.o.p.no.222 of 2007 dated 12.12. .....
Tag this Judgment!Court : Chennai Madurai
..... 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 ..... the award amount to the claimant at the first instance and thereafter, to recover the same from the owner of the vehicle. 4. on this aspect, inthe judgment reported in (2004)13 scc 224in the caseof oriental insurance co. ltd., vs. nanjappan and others, the hon'ble apex court made the following observations:- 8.therefore, while setting aside ..... civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988 against the judgment and decree dated 02.12.2014 made in m.c.o.p.no.186 of 2012 on the file of the motor accident claims tribunal/subordinate court, uthamapalayam.) 1. the appellant/oriental insurance company ltd., filed the present c.m.a.no.684 of .....
Tag this Judgment!Court : Chennai Madurai
..... is inclined to consider the principles of pay and recovery, as per the judgment of the honourable supreme court in the case of oriental insurance co. ltd., vs. nanjappan and others reported in (2004)13 scc 224. the relevant portion of the said judgment is extracted hereunder: ..... of the case, awarded a sum of rs.2,17,375/- towards compensation. the present civil miscellaneous appeal is filed by the oriental insurance company limited, challenging the award. 3. the learned counsel appearing for the appellant contended that while the vehicle met with an accident, the ..... and therefore, the appellant has to be exonerated from liability. 4. on reading of the award, in paragraph no.9, it is seen that the tribunal has committed an error in stating that the insurance company has insured the vehicle, which did not possess a valid permit and so ..... (prayer: civil miscellaneous appeal filed under section 173 of the motor vehicles act, 1988, against the award made in mcop no.226 of 2013 dated 01.12.2014 on the .....
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..... heads. sl.no.headsamount1loss of income19,20,0002funeral expenses2,0003loss of love and affection2,000 total19,24,000 3. aggrieved by the said award, the appellant insurance company has come out with the present appeal. 4. the learned counsel for the appellant contended that the tribunal erred in taking into consideration the age of the deceased while applying multiplier. the tribunal ought ..... ought to have fixed only notional income described under schedule ii to section 163-a of motor vehicles (amendment) act. the quantum of compensation and rate of interest is excessive. 5. per contra, the learned counsel for the respondents 2 to 4 contended that the accident took place only due to rash and negligent driving by the driver of the fifth respondent ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the fair and decreetal order dated 20.01.2005 passed in m.c.o.p.no.463 of 2002 on the file of the motor accidents claims tribunal ( .....
Tag this Judgment!Court : Chennai Madurai
..... andaffection10,0003funeral expenses2,0004transport and medical expenses4,56,680 total14,28,680 3. aggrieved by the said award, the appellant insurance company has come out with the present appeal.4. the learned counsel for the appellant contended that the respondents 1 to 3 have not proved that the deceased was ..... district judge, pudukkottai. 2. the facts in brief leading to the filing of this civil miscellaneous appeal, are as follows: (i) the appellant/insurance company is the third respondent and the respondents 1 to 3 are the claimants and the fourth respondent/rider of the bajaj boxer motorcycle is the ..... 36 years. in view of the same, the tribunal fixed the age of the deceased at 36 years. as per the second schedule to m.v. act, the tribunal applied multiplier '16' and thereafter, awarded rs.9,60,000/- [rs.7,500 rs.2,500 (1/3) = rs.5,000 ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree dated 20.01.2011 passed in m.c.o.p.no. 429 of .....
Tag this Judgment!Court : Chennai Madurai
..... respondent filed a counter statement and denied various averments made in the claim petition. the second respondent stated that the owner and insurer of the motorcycle are necessary parties, but they were not impleaded as parties in the claim petition. the appellant has to prove ..... sivagangai to kalaiyaarkovil. at that time, near sivagangai bus stand, a lorry bearing registration no.ttr-2489 belonging to the first respondent, insured with the second respondent, was driven by its driver in a rash and negligent manner and hit the motorcycle from behind. due to ..... (mrs) and others vs. maharashtra state road transport corporation and another [1999 (1) scc 90]; (iv) the tribunal has failed to see that any amounts received under the insurance policy are exgratia amount, which are not deductible; (v) the tribunal has erred in holding that there ..... (prayer: the civil miscellaneous appeal filed under section 173 of the motor vehicles act, against the judgment and decree dated 22.06.2009 made in m.c.o.p .....
Tag this Judgment!Court : Chennai Madurai
..... 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. 6. hence, this court is of the ..... a third party and even if there is any violation of policy condition, in respect of the claim made by the third parties, the insurance company has to pay the award amount to the claimant at the first instance and thereafter, to recover the same from the owner of ..... the tribunal failed to order pay and recovery. therefore the learned counsel for the appellant contended that the appellant insurance company ought to have been exonerated from liability. 4. this court is not inclined to entertain the contention of the appellant on the ground of exoneration from the liability ..... (prayer: civil miscellaneous appeals filed under section 173 of the motor vehicles act, 1988, against the judgment and decree passed in m.c.o.p.nos.365 of 2008 and 173 .....
Tag this Judgment!Court : Chennai Madurai
..... court cum fast track court no.1, madurai, and the tribunal considering the facts and the circumstances of the case, awarded rs.4,31,000/- as total compensation with interest at 7.5% per annum. challenging the award, the appellant insurance company preferred this appeal, on the ground that the quantum of compensation awarded by the tribunal is excessive. 2. learned counsel ..... of rs.40,000/- from the total award amount. learned counsel for the appellant also accepted the same and accordingly, the total award amount of rs.4,31,000/- is reduced to rs.3,91,000/-. 4. the respondents/claimants are entitled to the modified compensation of rs.3,91,000/- with 7.5% interest per annum. it is represented that entire ..... (prayer: appeal filed under section 173 of the motor vehicles act, against the judgment and decree dated 11.09.2006 made in mcop.no.1729 of 2000 on the file of the motor accident claims tribunal, additional district and sessions court .....
Tag this Judgment!Court : Chennai Madurai
..... , the finding of the tribunal is erroneous. the tribunal ought not to have fixed the liability on the appellant insurance company in view of the fact that the insured person only as passengers. 4. the learned counsel for the 1strespondent in all the appeals contended that the they have not travelled in the vehicle as ..... to the persons, who were travelling in the vehicle. the injured claimants filed claim petitions seeking compensation and the tribunal awarded compensation and challenging the same the insurance company has filed these appeals. 3. the learned counsel for the appellant contended that the injured claimants travelled in the goods vehicle van as passengers and therefore ..... of motor vehicles act, 1988, against the award and decree dated 03.03.2005 made in m.c.o.p.nos.751, 752, 784 to 786 of 2003 on the file of the motor accidents claims tribunal, chief judicial magistrate, karur.) 1. all these appeals were filed by the appellant national insurance company, challenging the .....
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