Court : Chennai Madurai
..... and the hon'ble apex court settled the principle that the claimant is 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 vehicle. 4. ..... , as the appellant had proved that the driver of the offending vehicle belonging to the 2nd respondent did not have a valid and effective driving licence at the time of the accident and therefore, the insurance company ought to have been totally exonerated from the liability. ..... on the aspect of mode of recovery available to the insurer, the hon'ble supreme court in the judgment reported in (2004)13 scc 224 in the case of oriental insurance co. ..... the appellant insurance company filed the present appeal challenging the award passed by the tribunal, on the ground that the tribunal ought not to have directed the appellant to pay the compensation to the claimant and thereafter, to recover the ..... questioning such order of pay and recovery, the present appeal has been filed by the insurance company. 3. .....
Tag this Judgment!Court : Chennai Madurai
..... insurance entered into for the purpose of covering a third party risk would not be purely contractual and that an ordinary contract of insurance does not have a statutory flavour and therefore, liability of the insurance company which comes under the purview of sections 146 and 147, the same subserves a constitutional goal, namely, social justice and in the light of the same, a contract of insurance covering the third party risk ..... of thiru.r.sundarajan/sixth respondent and it came into force from the midnight of 28.10.2010 till the midnight of 27.10.2011 and thus, in the light of ex.r3 policy, it is the case of the appellant/insurance company that since the policy came into force only on the midnight of 28.10.2010 and whereas the accident took place at about 17.00 hours on 27.10.2010, they cannot be mulcted with the liability to pay compensation. 8. ..... 102 (karnataka) and in this case on the receipt, as submitted by the learned counsel for the 3rd respondent, were only to indicate that the vehicle was insured earlier with the same company and for the purpose of giving rebate in the amount of premium and that by itself would not have the effect of the policy being effective from the date of expiry of the previous ..... this court held that insurance policy is a special contract and it becomes operative only from the time specifically mentioned in the policy and reliance was also placed upon the judgment in oriental insurance company ltd. ..... oriental insurance company ..... oriental insurance company .....
Tag this Judgment!Court : Chennai Madurai
..... the present appeal is preferred by the oriental insurance company solely on the ground that in spite of notice for production of license by the driver, who was driving the vehicle at the time of accident, neither the owner nor the driver produced the valid driving license ..... when the owner of the vehicle and the driver, who was driving the vehicle, which met with the accident, were unable to produce any evidence disputing the statement of the insurance company, this court has no hesitation to apply the principle of pay and recovery. 3. ..... in view of the facts and circumstances of the case, this court is inclined to follow the principles laid down by the hon'ble supreme court in oriental insurance co.ltd., vs. ..... the insurance company is permitted to recover the award amount from the owner of the vehicle as per the mode incorporated in shri nanjappan's case referred to above. 8. .....
Tag this Judgment!Court : Chennai Madurai
..... the oriental insurance company, preferred the present appeal challenging the award on the ground that the driver who was driving the vehicle, which met with an accident, was in possession of license for driving light motor vehicle and ..... the learned counsel for the insurance company contended that the tribunal ought to have adopted the principle of pay and recovery, in view of the fact that the driver of the vehicle, which met with an accident, did not posses a valid driving license. 4. ..... considering the facts and circumstances of the case, this court is inclined to follow the principles laid down by the hon'ble supreme court in oriental insurance co.ltd., vs. ..... the insurance company is permitted to recover the award amount from the owner of the vehicle as per the mode incorporated in shri nanjappan's case referred to above. 8. .....
Tag this Judgment!Court : Chennai Madurai
..... the oriental insurance company preferred the present appeal solely on the ground that it is proved before the tribunal that the driver, who was driving the vehicle, which met with the accident, was not in possession of any license. ..... the learned counsel for the insurance company contends that the respondent are unable to disprove the fact that it is a case of no license. 4. ..... in view of the facts and circumstances of the case, this court is inclined to follow the principles laid down by the hon'ble supreme court in oriental insurance co.ltd., vs. ..... the insurance company is permitted to recover the award amount from the owner of the vehicle as per the mode incorporated in shri nanjappan's case referred to above. 8. .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel appearing for the appellant contended that it is a case of pay and recovery and the principle was not considered by the tribunal, despite the fact that the insurance company has examined its witnesses showing that the driver who was driving the vehicle, which met with the accident, did not possess a valid driving license. 3. ..... in view of the facts and circumstances of the case, this court is inclined to follow the principles laid down by the hon'ble supreme court in oriental insurance co.ltd., vs. ..... the insurance company is permitted to recover the award amount from the owner of the vehicle as per the mode incorporated in shri nanjappan's case referred to above. 8. .....
Tag this Judgment!Court : Chennai Madurai
..... on the other aspects, the tribunal adopted the principle of pay and recovery as per the judgment of the hon'ble supreme court in the case of oriental insurance company ltd., v. .....
Tag this Judgment!Court : Chennai Madurai
..... in view of the settled principles both by this court and the hon'ble supreme court of india, the order of the tribunal is modified to the extent that the appellant insurance company shall pay compensation to the respondents 1 to 5/claimants at the first instance and thereafter, the appellant is at liberty to recover the amount from the owner of the vehicle as per the mode stated in nanjappan's case(supra). 7 ..... the present appeal is filed by the oriental insurance company limited solely on the ground that the driving license of the driver, who was driving the vehicle at the time of accident, was not renewed and therefore, it is to be treated as if the driver was not having any license and therefore, the appellant/insurance company is to be exonerated. 4. ..... the appellant/oriental insurance company ltd. ..... in respect of the liability of the insurance company, this court and the hon'ble apex court settled the principle that the claimant is 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 vehicle. 5 ..... it is represented by the appellant / insurance company that the entire award amount has already been deposited ..... on the aspect of mode of recovery available to the insurer, the hon'ble supreme court in the judgment reported in (2004)13 scc 224 in the case of oriental insurance co. .....
Tag this Judgment!Court : Chennai Madurai
..... against the award amount, the present appeals filed by the appellant/national insurance company limited solely on the ground that the driver, who was not having driving licence to drive the vehicle. ..... .1381, 1382 and 1383 of 2011 respectively, dated 30.07.2014, are confirmed and these civil miscellaneous appeals are disposed of by adopting the principles laid down by the hon'ble supreme court of india in the case of oriental insurance company limited vs. ..... therefore, the tribunal ought to have adopted the principles of pay and recovery as laid down by the hon ble supreme court of indiain in the case of oriental insurance company limited vs. ..... accordingly, the appellant/insurance company in all the three appeals are 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 respondents/claimants in ..... the appellant/insurance company limited filed these c.m.a(md)nos.770 to 772 of 2015, challenging the award passed in m.c.o.p.nos.1381, 1382 and 1383 of 2011 respectively, dated 30.07.2014, on the file of the motor accidents claims tribunal/chief judicial magistrate, .....
Tag this Judgment!Court : Chennai Madurai
..... accident claims tribunal in m.c.o.p.no.681 of 2008, dated 17.10.2012, is modified to the extent of adopting the principles of pay and recovery as per the judgment of the hon ble supreme court of india in the case of oriental insurance company limited vs. ..... ought to have adopted the principles of pay and recovery laid down by the hon ble supreme court of india in the case of oriental insurance company limited vs. ..... the learned counsel appearing for the appellant/insurance company represented that the award amount has already been deposited and the respondents 1 and 2/claimants are permitted to withdraw their share by making necessary applications before the tribunal as per the ..... hence, the liability of the appellant/insurance company is to be exonerated and the tribunal without considering the fact that the driver was not in possession ..... against which, the appellant/insurance company has preferred the present civil miscellaneous appeal solely on the ground that the driver was not in possession of driving licence and has none other than the ..... the appellant/insurance company limited has filed the present c.m.a(md)no.2029 of 2013, challenging the award passed in m.c.o.p.no.681 of 2008, dated 17.10.2012, on the file of the motor accidents claims tribunal, district and sessions court, ..... court is not inclined to consider the disputed facts argued by the learned counsel appearing for the respondents at the time of hearing the present appeal, which is filed by the appellant/insurance company. 4. .....
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