Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 1075 (MAD)

Branch Manager, National Insurance Company Limited, Dharmapuri v. P. Chelladurai

2014-06-02

S.MANIKUMAR

body2014
Judgment : 1. Dispute raised in this appeal relates to the direction of the Claims Tribunal against the owner and the insurer of Hero Honda Motor Cycle bearing Registration No.TN-29B-7003, namely, the Branch Manager, National Insurance Company Limited, Branch Office, Nethaji Bypass road, Dharmapuri, holding them jointly and severally liable to pay compensation of Rs.1,76,280/- to the petitioner with interest @ 7.5% per annum, from the date of claim, till the date of realisation. 2. Material on record discloses that the defence taken by the Insurance Company is that the rider of Hero Honda Motor Cycle, bearing Registration No.TN-29B-7003, did not possess a valid and effective driving licence, at the time of accident. To substantiate the same, the Insurance Company has examined RW1, Junior Assistant of the Regional Transport Office and marked Ex.R.1-Driving License. The Insurance Company has examined also RW2, Administrative Officer and marked Ex.R.2-10.04.2007-Insurance Policy. Upon perusal of Ex.R.1-Driving License, the Claims Tribunal has observed that the rider of the motor cycle did possess a LMV driving licence and that he did not possess a valid and effective driving licence to drive Hero Honda Motor Cycle and thus, placing reliance on the decision of the Supreme Court in The Divisional Manager, National Insurance Company Limited, Vellore v. A.Usha and another reported in2010 (2) TNMAC 27 and National Insurance Company Limited v. Zeba and others reported in 2010 ACJ 1822 , the Claims Tribunal has observed that as per the abovesaid decisions, the Insurance Company is liable to pay compensation to the third party victim and recover the same from the owner of the Hero Honda Motor cycle. However, in the concluding portion of the Judgment, the Claims Tribunal has failed to reiterate the same. The Claims Tribunal has held that both the owner and the insurer of the vehicle namely, the appellant herein, are jointly and severally, are liable to pay compensation. Quantum of compensation has not been disputed. As there is a right of recovery, it is always open to the appellant herein, to seek for recovery. As the dispute is inter se between the Insurance Company and the owner of the vehicle, the liability fastened on the Insurance Company to pay compensation, does not require any modification. 3. For the reasons stated supra, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. As the dispute is inter se between the Insurance Company and the owner of the vehicle, the liability fastened on the Insurance Company to pay compensation, does not require any modification. 3. For the reasons stated supra, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Consequent to the dismissal of this appeal, the appellant – Insurance Company is directed to deposit the entire award amount, with proportionate accrued interest and costs, less the statutory deposit already made in this Court, to the credit of M.C.O.P.No.461 of 2007, on the file of Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Krishnagiri, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the respondent/claimant is permitted to withdraw the amount, by making necessary applications. The Company can initiate proceedings for recovery as per the decision in Oriental Insurance Co. Ltd. V. Shri Nanjappan and others, 2004 (1) TN MAC 211 (SC) ; 2004 (2) CTC 464 (SC) : 2004 (1) ACC 524 (SC).