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N. MALA
National Insurance Company Limited, Salem – Appellant
Versus
Varadharaj – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the decree and judgment passed in MACT.O.P.No.1550 of 2015 dated 22.12.2017 on the file of the Motor Accidents Claims Tribunal, 1st Additional District Court, Salem.)
1. This Civil Miscellaneous Appeal is filed to set aside the decree and judgment passed in MACT.O.P.No.1550 of 2015 dated 22.12.2017 on the file of the Motor Accident Claims Tribunal, 1st Additional District Court, Salem.
2. The Insurance Company is the appellant herein. The appeal is filed questioning the liability as well as the quantum of compensation awarded by the claims tribunal.
3. The brief facts necessary for the consideration of the appeal are as follows:-
On 05.05.2015, when the deceased Mohanraj was walking on the left side of the Omalur to Dharmapuri Service Road, at that time a Hero Splendor Pro Motor Bike bearing Registration No.TN-30-BZ-7732 driven by its driver in a rash and negligent manner came in the same direction and hit the deceased-Mohanraj. Due to the impact, the deceased sustained multiple grievous injuries and he was immediately rushed to the Omalur Government Hospital. Lat
The court established the principle that an Insurance Company is entitled to recover the compensation amount from the owner of the vehicle after paying the same to the claimants, and that replication....
The central legal point established in the judgment is the liability of the Insurance Company based on the violation of policy condition due to the rider not possessing a valid driving license at the....
The main legal point established in the judgment is the joint and several liability of the appellant and the insurance company to pay the compensation for the accident.
The main legal point established in the judgment is the application of the 'pay and recover' principle in determining the liability of the insurance company and the owner of the car in a road transpo....
The main legal point established in the judgment is the liability fixation in the context of the 9th respondent's possession of a valid driving license and the violation of policy conditions.
In the absence of credible evidence, the insurance company is liable to pay compensation for the violation of policy conditions.
The Insurance Company may initially pay compensation to third-party claimants despite the driver lacking a valid license, with a right to recover from the vehicle's owner.
In cases of motor vehicle accidents where the driver lacks a valid driving license, the 'pay and recover' principle applies, requiring the insurance company to satisfy the compensation award first an....
The court established that an Insurance Company may still be liable for compensation despite the driver's lack of a valid license if negligence is proven against the other party.
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