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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.RAMAKRISHNAN
SBI General Insurance Company Ltd., Rep. By its Branch Manager – Appellant
Versus
Tamizhalagan – Respondent
JUDGMENT :
The insurance company, challenging the liability, has filed this Civil Miscellaneous Appeal against the award passed in M.C.O.P. No. 181 of 2023 on the file of the Motor Accident Claims Tribunal, Sub Judge, Tiruchirappalli.
2.The first respondent in this appeal had filed M.C.O.P. No. 181 of 2023, claiming a compensation of ?20,00,000/- for the injuries sustained by him in a road accident that occurred on 30.01.2023 at about 6.30 p.m. on Thanjavur Road, near Kalaignar Nagar, opposite to the Colour Shop, Tiruchirappalli.
3.On 31.01.2023, at about 6.30 p.m., when the claimant was waiting to cross the Thanjavur–Tiruchirappalli Main Road near Kalaignar Nagar, opposite to the Colour Shop at Thiruverumbur, the two-wheeler bearing Registration No. TN-81-AZ-3490, ridden by the first respondent and insured with the appellant insurance company, was driven in a rash and negligent manner and dashed against the claimant. As a result, the claimant sustained multiple injuries, with a fracture of the left leg and third rib. He was immediately admitted in the hospital for treatment, and the jurisdictional police registered a case in connection with the said accident. After receiving treatmen
A learner's license is valid under the Motor Vehicles Act, and insurance policies cannot exclude liability based on the absence of a full driving license.
The central legal point established in the judgment is the liability of the Insurance Company based on the violation of policy condition due to the rider not possessing a valid driving license at the....
The Insurance Company may initially pay compensation to third-party claimants despite the driver lacking a valid license, with a right to recover from the vehicle's owner.
Insurance companies cannot deny liability to compensate vehicle owners when premiums for personal accident coverage have been collected.
Liability of insurance company in cases where the driver does not possess a valid driving license under the Motor Vehicles Act.
Accident claim - Two wheeler and the policy is only for third party. Hence, the wife travelled along with her husband as a pillion rider and the accident has taken place due to the wrong driving by t....
A learner’s licence does not qualify as a valid driving licence under the Motor Vehicles Act, absolving the insurance company from liability.
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