Court : Chennai Madurai
..... 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. .....
Tag this Judgment!Court : Chennai Madurai
..... challenging the award, the appellant/royal sundaram alliance insurance company has preferred this appeal solely on the ground that the petition before the tribunal is not maintainable. ..... the appellant/royal sundaram alliance insurance company is permitted to withdraw the entire deposited amount with accrued interest through rtgs, by filing necessary application before the tribunal. ..... the appellant/royal sundaram alliance insurance company has filed the present c.m.a(md)no.1500 of 2007, challenging the award passed inmcop.no.85 of 2006, dated 03.07.2007, on the file of the motor accident claims tribunal (subordinate judge), kulithalai. 2. ..... liability of the insurer-company is to the extent of indemnification of the insured against the respondent or a injured person, a third person or in respect of damages of property. ..... substantiating the argument, the learned counsel appearing for the appellant cited the judgment reported in air 2007 sc 1054, (oriental insurance co. .....
Tag this Judgment!Court : Chennai Madurai
..... 8.in this judgment also, it is clarified that the owner of the goods accompanied with the driver is covered under the policy and entitled for compensation from the insurance company, but it has never been stated in the facts of the case that there were three persons travelling in the vehicle. ..... considering the rival contentions made by the learned counsels both for the insurance company and the claimant, this court is of the view that it is a case, where three persons were travelling in the goods vehicle, out of which, one driver and cleaner or one driver and any other person travelling ..... the facts and circumstances of the present case are not connected with a.manoharan's case, because, in the case on hand, the appellant insurance company had already settled the compensation in respect of two persons namely, driver and cleaner. 11. ..... therefore, this court is inclined to consider the grounds of appeal raised by the insurance company and accordingly, the award dated 29.11.2004 made in mcop.no.597 of 2001 on the file of the motor accident claims tribunal, fast track court, pudukkottai, is set ..... in oriental insurance company limited v ..... am referring to this only for the reason that the insurance company also knew the fact that the autorickshaw can carry two persons. ..... , the judgment in selvi's case, also has no application to the facts of the present case on hand, in which, three persons were travelling and the insurance company had paid compensation in respect of the driver and cleaner. 9. .....
Tag this Judgment!Court : Chennai Madurai
..... on the other hand, the learned counsel for the appellant contended that as per the judgment of the hon'ble supreme court and this court, the insurance company is liable to pay the compensation at the first instance and then recover the same from the owner, in the case of violation of policy condition. ..... challenging the same, the appellant oriental insurance company has filed the present appeal, on the ground that the deceased was a gratuitous passenger and not covered under the policy condition and therefore the insurance company is not liable to pay the compensation. 2. ..... the learned counsel for the insurance company submitted that the second respondent has proved that violation of policy condition and therefore, insurance company is not liable to pay any amount. ..... the appellant insurance company is directed to deposit the entire award amount with accrued interest and costs to the credit of claim petition, within a period of four weeks from the date of receipt of a copy of this judgment, if not already deposited and ..... to the appellant is that to pay the award amount at the first instance and then recover the same from the owner of the vehicle, as per the principles laid down by the hon'ble supreme court in oriental insurance co.ltd., vs. ..... the hon'ble supreme court has formulated the policy of pay and recovery only with a view that claimants should not suffer when only owner is made liable and the insurance company is not made liable. .....
Tag this Judgment!Court : Chennai Madurai
..... the appellant/oriental insurance company limitedhas filed the present c.m.a(md)no.317 of 2006, challenging the award passed inmcop.no.81 of 2001, dated 31.08.2004, on the file of the motor accident claims tribunal, sub court, kulithalai. 2. .....
Tag this Judgment!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. 5. ..... of 2002 seeking compensation before the motor accident claims tribunal/ii-additional sub court, nagercoil and the tribunal, by considering the facts and circumstances of the case, awarded rs.1,53,100/- as total compensationand the appellant insurance company filed the present appeal challenging the award passed by the tribunal. 3. ..... on the aspect of mode of recovery available to the insurer, the hon'ble supreme court inthe judgment reported in (2004)13 scc 224in the caseof oriental insurance co. ..... the driver, who was driving the offending vehicle, had not possessed a valid and effective driving licence and batch endorsement and therefore, the liability ought not to have been fixed on the insurance company. .....
Tag this Judgment!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. 5. ..... the appellant insurance company is directed to deposit the entire award amount to the credit of claim petition, with accrued interest and costs, within a period of four weeks from the date of receipt of a copy of this judgment, if not already deposited and ..... on the aspect of mode of recovery available to the insurer, the hon'ble supreme court in the judgment reported in (2004)13 scc 224in the caseof oriental insurance co. ..... challenging the same, the appellant, insurance company preferred this appeal. 2. ..... such being the case, the tribunal ought to have exonerated the appellant insurance company from liability. 4. .....
Tag this Judgment!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. 5. ..... the appellant insurance company is directed to deposit the entire award amount to the credit of claim petition with accrued interest and costs, within a period of four weeks from the date of receipt of a copy of this judgment, if not already deposited and ..... on the aspect of mode of recovery available to the insurer, the hon'ble supreme court inthe judgment reported in (2004)13 scc 224in the caseof oriental insurance co. ..... challenging the same, the appellant, insurance company preferred this appeal. 2. ..... such being the case, the tribunal ought to have exonerated the appellant insurance company from liability. 4. .....
Tag this Judgment!Court : Chennai Madurai
..... 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 necessary application before the tribunal. ..... challenging the same, the appellant/new india assurance company has preferred the present appeal solely on the ground that the deceased was died on account of heart attack, which cannot be construed as an accident and the death occurred due to the pre-existing weaknesses and ..... ) the appellant/new india assurance company limitedhas filed the present c.m.a(md)no.929 of 2006, challenging the award passed inw.c.no.61 of 2004, dated 28.12.2005, on the file of the workmen's compensation commissioner and deputy commissioner of labour, tirunelveli. 2. ..... branch manager, oriental insurance co. ..... 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. .....
Tag this Judgment!Court : Chennai Madurai
..... driver of the vehicle which met with the accident, did possess an expired licence which amounts to no licence in violation of the insurance policy, the order of the tribunal is modified to the extent that the appellant insurance company shall pay compensation to the 1st respondent/claimant 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). 5. ..... the appellant insurance company is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment. ..... 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. .....
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