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P. VELMURUGAN, K. K. RAMAKRISHNAN
Reliance General Insurance – Appellant
Versus
V. Thangaiah (died), T. Radha – Respondent
JUDGMENT :
(P. Velmurugan, J.) :
(Prayer: Civil Miscellaneous Appeal filed under Section 176 of the Motor Vehicles Act against the award made in M.C.O.P.No.6 of 2019, dated 3.7.2023, on the file of the Motor Accidents Claims Tribunal Judge (Subordinate Judge), Ambasamudram.)
The Civil Miscellaneous Appeal is directed against the award made in M.C.O.P.No.6 of 2019, dated 3.7.2023, on the file of the Motor Accidents Claims Tribunal Judge(Subordinate Judge), Ambasamudram.
2. The Insurance Company is the appellant. The case of the claimant is that the first respondent is the father of the deceased Vignesh and the second respondent is his mother. On 28.4.2018 at about 16.00 hours at Papanasam Ambasamudram Road, while the deceased was driving the vehicle bearing Registration No. TN 59 V 0747 Boxer proceeding in West to east direction along with one Arunkumar as pillion rider to pick up his sister from Ambasamudram Railway Station, the vehicle bearing Registration No. TN 76 AW 3045 Tipper Vehicle proceeding from east to west driven by its driver in a rash and negligent manner dashed against the above said vehicle and cause the death. In this regard a case was registered in Crime No.187 of 2
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.
Insurance companies cannot deny liability to compensate vehicle owners when premiums for personal accident coverage have been collected.
The court established the principle of pay and recover, holding the insurance company liable to pay first and then recover from the insured.
The central legal point established in the judgment is that the possession of a valid driving license is a crucial requirement for claiming compensation under the terms of the insurance policy, and t....
The onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
The insurance company is liable to pay compensation to the victims of a road accident caused by an insured vehicle, even if the driver's license was suspended at the time of the accident, provided th....
The court established the liability of the Insurance Company based on the identity of the driver and the reasonableness of the compensation awarded.
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.
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