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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J
Oriental Insurance Co. Ltd., – Appellant
Versus
Raja – Respondent
JUDGMENT :
(M. DHANDAPANI, J.)
These two appeals arising out of the award passed by the Principal Subordinate Judge, Coimbatore, in M.C.O.P.No.937 of 2006 dated 29.04.2011.
2. C.M.A.No.2944 of 2011 is filed by the insurance company questioning their liability to pay the compensation to the claimant.
3. C.M.A.No.495 of 2015 is filed by the owner of the offending vehicle questioning his liability to pay the compensation amount to the insurance company on such payment being made by them to the claimant.
4. Since the issue arises in these two appeal arise out of the accident that happened on 03.09.2005, they are disposed of by way of this common judgment.
5. The brief facts leading to the filing of these two appeal are as follows :-
(i) The claimant, who is not before this Court, had filed a claim petition before the Motor Accident Claims Tribunal claiming a compensation of Rs.3,00,000/- on account of the injuries sustained by him in the accident that happened on 03.09.2005 at about 13.00 hours, he was travelling in a tractor cum trailer bearing Regn.No.TN-41-L-7196 along with the agricultural products belonging to the appellant in C.M.A.No.495 of 2015 and insured with the appellant in C.M.A.
The court ruled that the insurance company must pay compensation despite the driver's alleged lack of a valid license, as the Tribunal's reasoning was found to be erroneous.
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
Insurance companies cannot deny liability to compensate vehicle owners when premiums for personal accident coverage have been collected.
The main legal point established is that the Insurance Company is not liable to pay compensation when the driver did not have a valid license at the time of the accident, as per Section 149 of the MV....
Liability of insurance company in cases where the driver does not possess a valid driving license under the Motor Vehicles Act.
Liability of Insurance company to pay compensation despite driver's lack of required endorsement on driving license.
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
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