Iffco Tokio General Insurance Company Limited v. Sivagami
2014-07-04
S.MANIKUMAR
body2014
DigiLaw.ai
Judgment : 1. At the outset, Ms.C.Harini, learned counsel for the appellant -Iffco Tokio General Insurance Company Limited submitted that the quantum of compensation of Rs.2,36,076/- with interest, @7.5% per annum awarded to the respondent/claimant is not disputed. Submission of the learned counsel for the appellant is placed on record. 2. According to her, when RW1, official of the Insurance Company, has deposed that the driver of the offending vehicle TVS Star City, bearing Registration No.TN-28AV-9421, insured with them, did not possess a valid and driving licence and when Ex.R.2-Notice has been sent to the owner of the vehicle, for production of licence, the Claims Tribunal instead of directing the Insurance Company to pay compensation, ought to have exonerated from its liability. Except the above, no other submission is advanced. While directing to pay and recover, the Claims Tribunal has followed the Hon'ble Division Bench of this Court in United India Insurance Company Limited v. Saravanan reported in 2009 (2) TNMAC 103 (DB), wherein the Insurance Company is directed to pay the compensation to the legal representatives of the deceased. 3. Earlier, this Court in ICICI Lombard General Insurance Company Vs. Annakkili, reported in 2012 (1) TN MAC 226, held that mere sending a notice to the owner of the vehicle is not sufficient for discharging the burden of proof of non-possession of licence. 4. Perusal of the award further discloses that the Insurance Company has not taken any steps to summon any official from the Regional Transport Office or marked any document. Entry in Ex.P.3-Motor Vehicle Inspector's Report is the only document, upon which the Insurance Company rests its defence under Section 149 of the Motor Vehicles Act. Nevertheless, the Claims Tribunal passed an order of pay and recover. As on date, the owner has not challenged the impugned Judgment and Decree. In the light of the above, this Court is not inclined to interfere with the award. The Civil Miscellaneous Appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 5.
Nevertheless, the Claims Tribunal passed an order of pay and recover. As on date, the owner has not challenged the impugned Judgment and Decree. In the light of the above, this Court is not inclined to interfere with the award. The Civil Miscellaneous Appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 5. Consequent to the dismissal of this appeal, the appellant – Insurance company, is directed to deposit the award amount, with proportionate accrued interest and costs, less the statutory deposit, to the credit of M.C.O.P.No.211 of 2012 on the file of Motor Accidents Claims Tribunal (Sub Judge), Rasipuram, within a period of four weeks from the date of receipt of a copy of this order, if not deposited earlier. On such deposit, the respondent/claimant, is permitted to withdraw the entire amount by making necessary applications. The appellant Insurance Company is at liberty to recover the compensation amount from the respondent No.1/owner of the vehicle.