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J. NISHA BANU
Pappathi – Appellant
Versus
P. Vijayalakshmi – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, praying to set aside the order made in M.C.O.P.No.336 of 2008 on the file of the Motor Accident Claims Tribunal Cum Sub Court, Tiruchengode dated 27.10.2009 for fixation of liability alone.)
1.This Civil Miscellaneous Appeal has been filed by the appellants/claimants, challenging the award dated 27.10.2009 made in M.C.O.P.No.336 of 2008 on the file of the Motor Accident Claims Tribunal Cum Sub Court, Tiruchengode exonerating the 2nd respondent-Insurance Company from its liability.
2. The appellants/claimants filed M.C.O.P.No. 336 of 2008 on the file of the Motor Accident Claims Tribunal Cum Sub Court, Tiruchengode, claiming a sum of Rs.5,00,000/- as compensation for the death of one Madheshwaran, son of the appellants No.1 and 2 and brother of the appellants No.3 and 4, who died in the accident that took place on 30.01.2004.
3. The case of the claimants is that on 30.01.2004 at about 11.00 p.m., when the deceased Madheshwaran was working as a cleaner in a lorry bearing Reg.No.KA.04/D.9799, the driver of the lorry drove the vehicle at Vengaikurichi to Veerappaur Road near Vellapoola
Liability of Insurance Company is determined based on policy conditions and extra premium payment under the Motor Vehicles Act.
Insurance companies are not liable to pay compensation for accidents occurring after the cancellation of the vehicle's policy due to dishonoured payments.
The doctrine of pay and recovery was applied in favor of the claimants, considering the expired Insurance Policy of the offending vehicle and the circumstances of the case.
The principle of 'pay and recover' in the context of the liability of the Insurance Company under the Motor Vehicles Act.
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
The main legal point established in the judgment is that the Insurance Company is not liable to pay compensation for the death of an individual in a road accident if the deceased was an unauthorized ....
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