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R. SUBRAMANIAN, R. SAKTHIVEL
Rajathi – Appellant
Versus
M. J. Vageese – Respondent
JUDGMENT :
R. Subramanian, J.
[PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 20.09.2021 made in MCOP.No.149 of 2018 on the file of the Motor Accident Claims Tribunal, II-Additional District and Sessions Court, Poonamallee, Thiruvallur District.]
The claimants in MCOP.No.149 of 2018 are on appeal, aggrieved by the exoneration of the Insurance Company from the liability by the Tribunal. The said original petition was filed by the claimants seeking compensation for the death of one Jaffar Ali who died in a motor accident that occurred on 10.04.2018 at about 08.00 a.m.
2. It is the case of the claimants that the deceased was walking cautiously on the Ambattur to Oragadam Gandhi Main Road, from South to North, while he was going near the Government Primary Health Center, Oragadam, the motor cycle bearing Registration No.TN-13-J-6463 ridden by his rider in a rash and negligent manner came from behind and hit the deceased. As a result of which, the deceased sustained multiple injuries and died on 11.04.2018 at the Billroth Hospital, Chennai.
3. Terming negligence on the part of the rider of the motor cycle, the
Insurance companies cannot evade liability to third-party claimants due to breaches of policy conditions by the insured, as established under the Motor Vehicles Act.
The main legal point established in the judgment is the liability of the Insurance Company to pay compensation despite the violation of the insurance policy terms, and the application of the 'pay and....
The court emphasized the principle of just compensation under the Motor Vehicles Act, mandating that insurance companies remain liable even if the policy is in the name of a deceased owner, provided ....
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....
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