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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
The Manager, SBI General Insurance Co.,Ltd. – Appellant
Versus
Kalimuthu – Respondent
| Table of Content |
|---|
| 1. insurance company challenges compensation liability. (Para 2 , 4) |
| 2. court upholds pay and recovery under statutory mandates. (Para 6) |
| 3. insurer's obligation for third-party claims is affirmed. (Para 7) |
JUDGMENT
The Civil Miscellaneous Appeal is directed against the order made in M.C.O.P.No.1359 of 2023, dated 17.03.2025, on the file of the Motor Accident Claims Tribunal / Special Subordinate Court, Thanjavur.
2. The appellants/Insurer who were mulcted with the responsibility to pay compensation of Rs.2,40,000/- with interest at 7.5% per annum to the first respondent/claimant for the disability sustained by him consequent to an accident occurred on 09.09.2023, challenged the liability mulcted on it and the 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 claimant examined himself as P.W.1 and exhibited 7 documents as Exs.P.1 to P.7. The first respondent had remained exparte. The respondents 2 and 3 /Insurer examined two witnesses as R.W.1 and R.W.2 and exhibited 9 documents as Exs.R.1 to R.9. The disabi
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