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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
T.Vinoth Kumar – Appellant
Versus
S.Sekar – Respondent
JUDGMENT :
The Civil Miscellaneous Appeal is filed by the injured/claimant challenging the award passed by the Motor Accident Claims Tribunal, dismissing the original petition against the 2nd respondent/Insurance Company and directing the 1st respondent/owner-cum-driver of the offending vehicle to pay the compensation amount.
2. It is the case of the claimant that on 08.04.2018, when the claimant was driving in his two wheeler bearing Registration No.TN 39 BT 2374 in Bishop School Road, near Dollar Quarters by adhering to the traffic rules and regulations, the 1st respondent came in his Honda Activa two wheeler bearing Registration No.TN 39 BT 9015 in a rash and negligent manner and dashed against the claimant's vehicle. As a result of which, the claimant was thrown away and sustained grievous injuries. Hence, a claim petition was filed by the claimant seeking compensation of Rs.5,00,000/- against the respondents.
3. The 1st respondent remained exparte before the Tribunal and the claim was resisted by the 2nd respondent/Insurance Company by denying the negligence on the part of the 1st respondent. It was also claimed by the 2nd respondent that the 1st respondent/rider of the vehicle i
Insurers cannot deny liability to third-party victims based solely on the insured's breach of policy conditions unless it is proven that such breach contributed to the accident.
Insurers must initially compensate third-party victims unless the driver's breach of policy is proven to fundamentally cause the accident, enabling recovery rights against the insured.
Insurers cannot deny liability to third parties solely based on the insured's invalid driving license unless proven fundamental to the accident's cause.
The insurer cannot avoid liability to third parties merely due to the insured's breach of policy (lack of valid license); such breaches must be established as fundamental to exonerate the insurer.
The main legal point established in the judgment is the principle of 'pay and recover' in case of third-party risks and the requirement for the insurer to prove the driver's lack of a valid driving l....
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 the insurer's obligation to indemnify the compensation amount to the third party and the possibility of pay and recover in case of third party risk....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
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