Court : Chennai Madurai
..... 6.the learned counsel appearing for the appellant/oriental insurance company represented that the entire award amount has already been deposited with accrued interest and the first respondent/claimant has already been withdrawn 50% of the award amount and the first respondent/claimant is ..... challenging the same, the appellant/oriental insurance company has preferred the present appeal on the ground that the claim application was filed after 3 years from the date of the alleged accident and the wound certificate was not filed. 3. ..... therefore, the award passed by the tribunal fixing the liability on the appellant/insurance company was erroneous and the appellant ought to have been exonerated from the liability. 4. ..... the appellant/oriental insurance company limited has filed the present c.m.a(md)no.1990 of 2013, challenging the award passed in m.c.o.p.no.971 of 2008, dated 11.12.2012, on the file of the motor accident claims tribunal, iii additional sub judge, thiruchirappalli. 2. ..... the learned counsel appearing for the appellant/insurance company has fairly submitted that the disability certificate was filed, but the wound certificate was not filed. ..... this apart, the copy of the x-ray was also marked as a document and therefore, the grounds raised by the appellant/insurance company deserves no consideration. 5. .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel appearing for the respondents 1 to 3/claimants also contended that there is no negligence on the part of the deceased and even in that case, the insurance company cannot be exonerated from the liability and the findings of the tribunal is absent with regard to the negligence on the part of the deceased and hence, such a plea has raised before this court need not be ..... challenging the award amount, the appellant/ oriental insurance company has preferred the present appeal on the ground that the quantum of compensation awarded by the tribunal is excessive. 3. ..... 6.the appellant/oriental insurance company is 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, if not already deposited, and the respondents 1 to 3/claimants are permitted to withdraw ..... the appellant/oriental insurance company limited has filed the present c.m.a(md)no.1318 of 2013, challenging the award passed in m.c.o.p.no.1661 of 2005, dated 14.08.2012, on the file of the motor accident claims tribunal, v additional district court, madurai. 2. ..... the learned counsel appearing for the appellant/insurance company has contended that the deceased was travelling in the minidoor auto and fell down from the minidoor auto and therefore, the negligence ought to have been fixed on the side of the deceased and the appellant/insurance company should have been exonerated from the liability. .....
Tag this Judgment!Court : Chennai Madurai
..... challenging the award, the appellant/oriental insurance company has preferred the present appeal on the ground that the findings of the tribunal is unambiguous, that the driver, who was driving the vehicle which met with an accident, who has not possessed the valid badge endorsement and therefore, the appellant/insurance company ought to have been exonerated from the liability. ..... in respect of the appellant/insurance company is concerned the same is not permissible, in view of the settle legal position 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 has already been deposited the entire award amount and the respondents/claimants had already withdrawn 50% of the award amount and the respondents/claimants are permitted to withdraw the balance award amount of 50% along ..... the appellant/insurance company has filed the present c.m.a(md)no.977 of 2014, challenging the award passed in m.c.o.p.no.92 of 2012, dated 30.04.2013, on the file of the motor accidents claims tribunal, principal district judge, theni. 2. .....
Tag this Judgment!Court : Chennai Madurai
..... it is the contention of the appellant/national insurance company limited that the tribunal has committed an error in fixing 100% liability on the appellant insurance company and 50% liability ought to have been imposed on the oriental insurance company limited with whom, the van met with the accident ..... in view of this factual situation, the award passed by the tribunal in all these cases, are confirmed and the appellant insurance company is directed to deposit the entire award amount in all these cases with proportionate accrued interest and costs to the credit of the claim petitions, within a period of four weeks from the date of receipt of ..... 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 insured with the appellant national insurance company coming in the opposite side dashed with the van and the van was capsized and consequently, some of the victims got injured ..... liability can be fixed on the respondent oriental insurance company limited. 5. ..... can be fixed on the oriental insurance company limited. ..... produced by the investigating officer, marked as a document before 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. ..... claimants had travelled in the van, which was insured with the oriental insurance company. 3. .....
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 1st respondent/claimant at the first instance and thereafter, the appellant is at liberty to recover the amount from the owner of the vehicle and the appellant is directed to recover ..... 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 ..... appeal is filed by the appellant/insurance company, challenging the award passed by the tribunal, on the ground that the tribunal has failed to consider the negligence on the part of the 1st respondent/claimant and therefore, the appellant insurance company is not liable to pay compensation. 2 ..... 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 ..... 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
..... in view of the contradiction between the deposition of witnesses, the appellant insurance company cannot be exonerated from the liability, since both the vehicles met with the accident, were insured with different insurance companies and the tribunal therefore, is right in fixing negligence in the ratio of 50:50 and accordingly, the finding of the tribunal is confirmed. 3. ..... challenging the award, the appellant insurance company has filed this appeal, on the ground that the tribunal erroneously fixed the liability on the appellant, since the negligence was committed by the other vehicle, which is a lorry and therefore, the appellant company ought to have been exonerated from the liability. ..... the appellant insurance company is directed to deposit the 50% of the compensation with respect to their liability, 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 .....
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 2nd respondent company shall pay compensation to the appellant/claimant at the first instance and thereafter, the appellant is at liberty to recover the amount from the 1st respondent/owner of the vehicle and the 2nd respondent is directed to recover ..... 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. 3. ..... the 2nd respondent 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 inthe judgment reported in (2004)13 scc 224in the caseof oriental insurance co. ..... the findings of the tribunal is that the driver, who was driving the vehicle which met with the accident was not in possession of a valid driving licence and therefore, the insurance company cannot be held liable. 2. .....
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 directing the appellant insurance company to pay compensation to the respondent/claimant at the first instance and thereafter, recover the amount from the owner of the vehicle is confirmed and the appellant is at liberty to recover the award amount as ..... challenging the award, the appellant insurance company has filed this appeal, on the ground that it is a case, where the driver who was driving the vehicle at the time of accident was not having a valid badge endorsement and therefore, the appellant insurance company is not liable to pay any compensation and the tribunal ought to have exonerated the appellant from the liability, and pay and recovery alone can ..... 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 ..... it is represented by the appellant insurance company that entire award amount with proportionate accrued interest and costs has already been deposited to the credit ..... 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
..... the drivers of the respective vehicles and therefore, the liability was fixed 50:50 and there is no error on the findings of the tribunal and this court is not inclined to consider the present appeals filed by the appellant oriental insurance company. ..... and the mini lorry insured with the oriental insurance company. ..... the tribunal passed award granting compensation to the respondents/claimants, which are challenged before this court by the appellant insurance company only on the ground that 50% of the liability fixed on the appellant is erroneous and 100% liability ought to have fixed on the united india insurance company and the appellant insurance company ought to have exonerated in toto. 2. ..... accident was a goods vehicle and under section 147 of the motor vehicles act, carrying the passengers in a goods vehicle are not permitted and there is a violation of policy condition and therefore, the appellant insurance company is not liable to pay any compensation to the victims. 3. ..... the appellant insurance company is directed to deposit the entire awarded amount that is fixed on their liability with accrued interest and costs within a period of four weeks from the date of receipt of a copy of this order, if not already ..... more specifically a statutory violation by carrying the unauthorised persons in the goods vehicle, this court is inclined to pass the order of pay and recovery, based on the judgment rendered by the honourable supreme court in the case of oriental insurance co.ltd., vs. .....
Tag this Judgment!Court : Chennai Madurai
..... aggrieved by the award, the appellant oriental insurance company preferred this appeal only on the ground that the multiplier adopted by the tribunal is erroneous and the quantum fixed by the tribunal is also excessive. 3. .....
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