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KRISHNAN RAMASAMY
Branch Manager, M/s. Reliance General Insurance Co. Ltd, Villupuram – Appellant
Versus
Sarasu – Respondent
JUDGMENT :
(Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgement and decree dated 18.03.2020 made in MCOP.No.142 of 2016 on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Villupuram @ Tindivanam.)
1. This civil miscellaneous appeal has been filed challenging the judgment and decree dated 18.03.2020 in MCOP.No.142 of 2018.
2. The learned counsel for the claimant would submit that on 03.02.2013 when one Poongavanam was riding a bi-cycle at Marakkanam to Tindivanam Road, a Motor Cycle TVS Sport bearing Registration No.TN-16A-1863 came in a rash and negligent manner and dashed against him, due to which he was died at the Hospital on the same day. Considering all the aspects, the Tribunal had awarded the compensation in the following manner :
| S.No. | Heads | Compensation (Rs.) |
| 1 | Loss of Pecuniary Benefits | 7,42,500 |
| 2 | Loss of Consortium | 40,000 |
| 3 | Loss of Estate | 15,000 |
| 4 | Funeral Expenses | 15,000 |
|
| Total | 8,12,500 |
3. He would further submit that in the
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 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.
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....
In the absence of credible evidence, the insurance company is liable to pay compensation for the violation of policy conditions.
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.
Liability of insurance company in cases where the driver does not possess a valid driving license under the Motor Vehicles Act.
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....
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