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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
United India Insurance Company Limited – Appellant
Versus
Ammaiappan – Respondent
| Table of Content |
|---|
| 1. appeal regarding award for compensation due to accident. (Para 1) |
| 2. accident led to compensation ruling for claimant. (Para 2 , 4) |
| 3. insurer argues against liability due to driver’s expired license. (Para 5 , 6) |
| 4. court upholds duty of insurer to cover claims despite legislative changes. (Para 7) |
| 5. pay and recovery doctrine is affirmed. (Para 8) |
JUDGMENT
The Civil Miscellaneous Appeal is directed against the award made in M.C.O.P.No.265 of 2023, dated 20.11.2024, on the file of the Motor Accident Claims Tribunal / Principal District Court, Karur.
2. The appellant/Insurer who was mulcted with the liability to pay compensation of Rs.4,52,000/- with interest at 7.5% per annum to the respondents 1 and 2/claimants for the death of Pappayee, consequent to an accident occurred on 28.03.2023, challenged the liability mulcted on it and consequent application of doctrine of pay and recovery.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original petition.
4. During trial, the claimants examined the first claimant as P.W.1 and one Muthukumar as P.W.2 and exhibited 14 documents as Exs.P.1 to P.14. The fir
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