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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. RAMAKRISHNAN
SBI General Insurance Company Ltd. – Appellant
Versus
Sudalaikannu – Respondent
| Table of Content |
|---|
| 1. claim petition details and tribunal award. (Para 1 , 2 , 3 , 4 , 5) |
| 2. insurer's contention on policy violation. (Para 9 , 10 , 11) |
| 3. court’s reasoning on pay and recovery. (Para 12) |
| 4. conclusion and order of dismissal. (Para 13) |
JUDGMENT :
K.K. RAMAKRISHNAN, J.
1. The Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award dated 07.03.2025 passed in M.C.O.P.No.1544 of 2022 by the Special Sub Judge dealing with MCOP cases/Motor Accident Claims Tribunal, Tirunelveli.
2. The first respondent / claimant has filed a claim petition in M.C.O.P.No.1544 of 2022, claiming compensation for the injuries sustained by him, in an accident that took place on 02.08.2022. The Tribunal has awarded a sum of Rs.6,63,000/- (Rupees Six Lakhs and Sixty Three Thousand only) with interest at 7.5% per annum as compensation. Against which, the appellants / insurer have preferred this appeal.
For the sake of convenience and brevity, the parties herein after will be referred as per their status/ranking in the Tribunal.
3. A brief substance of the claim petition is as follows:
The claimant was aged about 57 years and was working as a coolie and was earning Rs.28,500/-
The insurer remains liable to compensate for third-party claims even if policy conditions are violated, ensuring prompt justice for injured parties as per statutory obligations.
Insurers are liable to pay compensation to third parties despite violations of policy conditions, as the deletion of certain statutory provisions does not negate their obligation.
The insurer's duty to compensate third-party claims persists, regardless of license validity issues under the amended Motor Vehicles Act.
An insurer remains liable under the 'pay and recovery' principle for policies issued prior to the 2019 amendment, as contractual obligations and liability criteria are determined according to the law....
The insurer remains liable for compensation despite the rider lacking a valid license as the policy was issued before the relevant amendment to the Motor Vehicles Act.
Insurers are statutorily obligated to satisfy judgments for third-party claims, even if policy conditions are violated, following amendments to the Motor Vehicles Act.
Insurers remain liable under the principle of pay and recover even if exonerated unless they prove fundamental breaches contributing to the liability.
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