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2015 DIGILAW 1222 (MAD)

Oriental Insurance Company Limited, through its Divisional Manager, Madurai v. Balasubramanian

2015-03-02

D.HARIPARANTHAMAN

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Judgment :- 1. It is the only grievance of the appellant in this appeal that though the Tribunal having found that the driver of the offending vehicle which involved in the accident did not possess a valid driving licence and also directed the insurance company to pay compensation and recover the same from the owner of the vehicle, the mode of recovery as stated in Oriental Insurance Co. Ltd., Vs. Shri Nanjappan and others, reported in I (2004) ACC 524 (SC) has not been mentioned in the judgment of the Tribunal. 2. Learned counsel for the appellant submits that it is only in Shri Nanjappan's case, the mode of recovery is being mentioned and therefore requesting this court to incorporate such mode to enable the insurance company to recover the compensation paid from the owner/2nd respondent. Since the mode of recovery is not mentioned in the order of the Tribunal, I see there is a force in the argument of the learned counsel for the appellant. 3. In the result, the Civil Miscellaneous Appeal is disposed of with an observation that the insurance company is entitled to recover the compensation as per the mode incorporated in paragraph 7 of Shri Nanjappan's case, which reads as follows:- “(7) ....For the purpose of recovering the compensation amount from the insured, the insurer shall not be required to file a suit. It may initiate a proceeding before the concerned Executing Court as if the dispute between the insurer and the insured was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. A notice shall be issued to the insured to furnish security for the entire amount. The offending vehicle shall be attached as a part of the security. If necessity arises, the Executing Court shall take assistance of the concerned Regional Transport Authority. The Executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. In case there is any default it shall be open to the Executing Court to direct realisation by disposal of the securities to be furnished or from any other property of the insured. ....” 4. In case there is any default it shall be open to the Executing Court to direct realisation by disposal of the securities to be furnished or from any other property of the insured. ....” 4. The appellant is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of MCOP.No.291 of 2013 on the file of the Motor Accidents Claims Tribunal cum Special Judge, Madurai, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the 1st respondent/claimant is permitted to withdraw the same, by filing necessary application before the Tribunal. No costs. Consequently, M.P.(MD).No.1 of 2015 is closed.