Court : Chennai Madurai
..... and the findings of the tribunal is also unambiguous in this regard. such being the case, the gratuitous passengers are not entitled for compensation from the insurance company and they can recover the entire compensation only from the owner of the vehicle, who is responsible to pay compensation in respect of gratuitous passengers. accordingly ..... of the fact that it is a statutory violation and under section 147 of the m.v. act, the insurance company is totally exonerated from the liability in respect of gratuitous passengers and they are not covered under the insurance policy. 6. the learned counsel for the respondent opposed the appeal by stating that the tribunal ..... 000/- as compensation and further ordered for pay and recovery. 3. the tribunal has directed the insurance company to pay the compensation and recover the same from the owner of the vehicle, since the claimants are gratuitous passengers. 4. the findings of the tribunal is very clear that it is a goods vehicle, which met .....
Tag this Judgment!Court : Chennai Madurai
..... met with the accident is a jeep bearing registration no.kl-10-a-3962 and the vehicle was insured with the appellant only under the act only policy. hence, the occupants travelling in the jeep are not covered under the policy and consequently, the appellant insurance company is not liable to pay any compensation. the tribunal has committed an error in not appreciating ..... the nature of the policy issued by the appellant insurance company and erroneously fixed the liability on the appellant insurance company by granting the award. 4. in support of his contention, the learned counsel for the appellant insurance company relied upon a judgment of the honourable supreme court in united india insurance co. ltd., shimla vs. tilak singh and others reported in air .....
Tag this Judgment!Court : Chennai Madurai
..... the victims, who were travelling in a private car, in view of the fact that ''act only policy'' was in force. the fact regarding ''act only policy'' was admitted and proved by the insurance company before the tribunal and further, the fact that the victims in the accident were travelling ..... least on the 4th respondent/oriental insurance company, theni, with whom, the lorry was insured. 4. this contention cannot be raised as far as the appellant national insurance company is concerned, because, the ambassador car was holding the policy of ''act only'' and therefore, the national insurance company is to be exonerated in ..... totality. such being the situation, this court is of the view that the fixation of liability on the part of the appellant insurance .....
Tag this Judgment!Court : Chennai Madurai
..... wheeler was marked as ex.r.1 before the tribunal and the tribunal also considered the fact that the policy was marked and the policy is act only policy and hence, the insurance company is not liable to pay compensation in respect of pillion rider in a private vehicle. 5. considering the facts and circumstances of the ..... the case, the tribunal awarded rs.3,75,000/- towards the compensation. challenging the same, the appellant united india insurance company preferred this civil miscellaneous appeal on the ground that it is 'act only' policy and the appellant insurance company is not liable to pay compensation to the pillion rider in a private two-wheeler. 3. admittedly, it ..... is a case in which a two-wheeler met with an accident and the 1st respondent/claimant was a pillion rider. 4. the learned counsel appearing for .....
Tag this Judgment!Court : Chennai Madurai
..... owner did not come forward to adduce evidence, it does not mean that the owner denied the employer-employee relationship. in fact in ex.r.4, letter written by the fourth respondent/owner to the appellant/insurance company did not deny anything about the employer-employee relationship between him and the deceased. if really he was not a loadman, definitely a statement ..... issue before the court, is not produced, in spite of questions in the cross examination, definitely adverse inference has to be drawn as per section 104 of the indian evidence act, which the commissioner rightly did. if the said document was produced before the commissioner, it would have gone against the appellant and therefore, the commissioner rightly drew adverse inference against .....
Tag this Judgment!Court : Chennai Madurai
..... 29,543/- to the district collector, tirunelveli so as to recover the amounts as arrears of land revenue. 3. section 174 of the motor vehicles act reads as under:- "recovery of money from insurer as arrears of land revenue:- where any amount is due from any person under an award, the claims tribunal may, on an application made to ..... certificate for the amount to the collector and the collector shall proceed to recover the same in the same manner as an arrears of land revenue." 4. section 174 of the motor vehicles act says that if any amount is due from any person under an award, the tribunal may, on an application made to it by the person ..... after referring to the decisions of the honourable supreme court reported in 2004-4-scc-766:air-2004-sc-3625 (raichurmatham prabhakar rawatmal dugar) and air-1990-sc-689 (frick india limited vs. union of india). 6. the tribunal has returned the application stating that the insurance company is permitted to recover the award amount with interest and costs .....
Tag this Judgment!Court : Chennai Madurai
..... in w.c.no.61 of 2004, dated 28.12.2005 is confirmed and the civil miscellaneous appeal is dismissed. 5. 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 amount with accrued interest through rtgs, by filing ..... stress and strain. in the absence of proving the stress and strain during the course of employment, the claimants are not entitled for any compensation and the appellant/insurance company is to be exonerated from liability. though the hon'ble supreme court in an earlier case reported in air 2007 supreme court 248 said that the death ..... it would be enough for the workman to succeed, but the same would depend upon the fact of each case." 4. on reading of the findings of the award passed by the tribunal under the workmen compensation act, it is unambiguous that the deceased was a driver and he was on leave before joining duty and soon after he .....
Tag this Judgment!Court : Chennai Madurai
..... from the date of receipt of a copy of this judgment; (iii) the first respondent/claimant is directed to furnish his savings bank account details to the appellant-insurance company forthwith; (iv) if any amount has already been awarded in w.c.no.265 of 2001 by the deputy commissioner for labour, trichy, in favour of the first respondent/claimant ..... , is a just compensation and it should not be either on the other side or it should not be a lesser amount. moreover, the provisions of the motor vehicles act, 1988, are benevolent in nature. the injuries sustained by the first respondent/claimant only made this court to enhance the compensation to a sum of rs.11,00,000 ..... the motor vehicles act, 1988, against the judgment and decree passed in m.c.o.p.no.18 of 2001, on the file of the motor accident claims tribunal cum additional district court, fast track court no.2, trichirappalli, dated 10.06.2004.) 1. this civil miscellaneous appeal has been filed by the appellant-insurance company against the .....
Tag this Judgment!Court : Chennai Madurai
..... virtue of the dictum laid down in asharani's case as well as the statutory fiction under section 147 (1) of the motor vehicles act, the said person is covered under the act. therefore, the insurance company cannot get exonerated from the liability and they are liable to pay the amount. therefore, from these discussions, i find nothing to ..... and premium of '25/- towards legal liability of one more person for operation/maintenance was charged. 5. i have already extracted para 4 of the impugned judgment wherein this court relied on the judgment in united india insurance company limited v. suresh k.k. and anr. (2008) (12) scc 657 and observed that in a three- wheeler goods ..... goods vehicle to reach the place for purchase of the goods, he would be deemed to be owner of the goods. paras 4 and 5 of the report are extracted hereunder:- "4. in 2009 acj 119 national insurance co. ltd. vs. sarojamma and ors. a similar situation has arisen; a vegetable vender was travelling in a tempo to procure .....
Tag this Judgment!Court : Chennai Madurai
..... section 173 of the motor vehicles act, 1988 praying to set aside the fair and decreetal order dated 18.02.2014 made in m.c.o.p.no.105 of 2012 on the file of motor accidents claims tribunal (principal district judge), karur.) c.t. selvam, j. 1. challenge in this appeal by reliance general insurance company ltd., is to the ..... applied in general manager, kerala state road transport corporation v. susamma thomas reported in 1994(2) scc 176, up state road transport corporation v. trilok chandra reported in 1996 (4) scc 362 and in new india assurance co., ltd., v. charlie reported in 2005(1) tn mac (sc) and the second schedule to section 163-a of the motor ..... respect of persons below the age of 50, compensation can be awarded under the head, future prospects, to an extent of 30% from the salary drawn. thus, adding rs.4,770/-, representing 30% towards future prospects, the claims tribunal has fixed the monthly income of the deceased as rs.20,670/-. the annual income of the deceased has been .....
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