Search Results Page

Search Results

1 - 5 of 5 (0.36 seconds)

Divisional Manager vs Anbu Thiagarajan on 23 July, 2009

10. After going through umpteen number of judgments on the subject a learned Judge of this Court has concluded that when the driver does not have a valid license then the Insurance Company cannot be held liable. The decision is reported in 2007 (6) MLJ 384 equal to 2007(2) TNMAC 216 [Oriental Insurance Co. Ltd., and another v. Sivammal and others], wherein it is observed that a person having license for light motor vehicle is not authorised to drive a commercial vehicle without due endorsement made by the competent authorities and the driving license to drive light motor vehicle is not appropriate to drive an Autorickshaw, which is a transport vehicle. Concluding the judgment, the learned Judge has held as under.
Madras High Court Cites 4 - Cited by 0 - S Palanivelu - Full Document

The Divisional Manager vs Karuthapandi .. 1St on 21 February, 2008

7. The learned counsel for the appellant insurance company placing reliance on the decision of this Court in Oriental Insurance Co. Ltd., v. Sivammal and Others in C.M.A.(MD Nos.8 to 12 of 2007, and C.M.A.(MD) No. 1163 of 2005 would develop his argument to the effect that once he is not having proper driving licence, then the insurance company should be exonerated from the liability.
Madras High Court Cites 3 - Cited by 0 - G Rajasuria - Full Document

National Insurance Co.Ltd vs Lakshmi on 20 October, 2010

Vs. G.Chandrasekaran and another reported in 2006 2 TNMAC 380 and another judgement in Oriental Insurance Company Limited vs. Sivammal and seven others reported in 2007 2 TNMAC 216 to contend that non-possession of valid and effective licence to drive the transport vehicle is a violation of policy condition and therefore the Insurance Company cannot be made liable to pay compensation. Learned counsel further submitted that pay and recover was only ordered under extraordinary circumstances by the Hon'ble Supreme Court under Article 142 and therefore it would not be the binding precedent and therefore there cannot be any direction in this regard in this case. More over he submitted that the issue as to whether pay and recover amount could be ordered under Article 142 has been referred to a larger bench of the Supreme Court in the case National Insurance Co. Ltd. Vs.Parvathreni and another.

The Bajaj Allianz General Insurance ... vs K.Shanker : 1St on 23 February, 2018

8. The learned counsel also relied on the Judgment of the Hon'ble Apex Court in Oriental Insurance Co., Ltd., Vs. Angad Kol and Others reported in [2009 ACJ 1411] ; Oriental Insurance Co.Ltd., Vs. Sivammal & Others reported in [2009 ACJ 1081] ; Selvi Vs. Alagarsamy & Others reported in [2011(2) TN MAC 328] and also the Judgment of Himachal Pradesh High Court in Prem Singh Vs. Baldasi & Others reported in [2010 (2) TN MAC 636].
Madras High Court Cites 6 - Cited by 0 - Full Document
1