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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Manager, SBI General Insurance Company Limited – Appellant
Versus
Tamil Selvi – Respondent
| Table of Content |
|---|
| 1. overview of the facts of the motor accident claims and tribunal findings. (Para 1 , 2 , 3 , 4 , 6 , 7) |
| 2. contentions regarding liability exclusion due to driving license policy breach post-2019 amendment. (Para 5 , 8 , 9) |
| 3. comparative analysis of mv act provisions and impact of 2019 legislative amendments. (Para 10 , 11 , 12 , 13 , 14) |
| 4. application of statutory interpretation regarding the date of policy issuance versus amendment enactment. (Para 15 , 16 , 17 , 18) |
| 5. final court order confirming awards and directing deposit/disbursement for claimants. (Para 19) |
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
1.C.M.A(MD)No.747 of 2025 has been filed as against the award passed in M.C.O.P.No.1647 of 2023 dated 10.03.2025 on the file of the Motor Accident Claims Tribunal cum Special District Court to deal with MCOP Cases, Madurai, thereby awarding compensation to the tune of Rs.31,03,672/- in favour of the claimants and directed the appellant herein to pay the entire compensation and then recover the same from the third respondent herein/owner of the vehicle.
2.C.M.A(MD)No.753 of 2025 has been filed as against the award passed in M.C.O.P.No.1648 of 2023 dated 10.03.2025 on the file
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 remain liable to pay compensation to victims immediately despite legislative amendments, reaffirming the 'PAY AND RECOVER' principle to ensure protection of third-party interests under the M....
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 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.
Insurers remain liable under the principle of pay and recover even if exonerated unless they prove fundamental breaches contributing to the liability.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
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.
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