K KANAGAMMAL Vs. CHANDRAN ALIAS G MANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimants against the judgment and Decree dated 17.3.2004 made in MCOP. No. 541 of 1999 by the learned Additional District and Sessions Judge (FTC-II) (MACT) Coimbatore.

(2.) The only point that arises for determination in this appeal is as to whether the Tribunal was justified in not passing the order of pay and recover against the Insurer in the light of the decision of the Honourable Supreme Court and a latest decision Jawahar Singh v. Bala Jain and Ors.,2011 CDJ 507 in a similar situation, in so far as the third party risks are concerned. In other respects, the findings of the Tribunal are not challenged.

(3.) The learned Counsel for the Appellants submitted that unless the Honourable Supreme Court restricts application of any judgment to the case on hand, particularly, between the parties and further directs that the judgment would not operate as a prudent, will have to be followed as it stands as a binding precedent. The learned Counsel also placed reliance on the law laid down in the form of direction in Baljit Kaur's Case , 2004 ACJ 428 SC. The learned Counsel referred to the decisions of this Court reported in, 2010 4 LW 742 Bajaj Allianz Insurance Company Limited Pune v. P. Manimozhi and Ors., 2009 5 MadLJ 715 United India Insurance Company Limited Salem v. S. Saravanan and Anr. and, 2001 3 LW 367 M/s. National Insurance Company Limited, Karaikudi v. Sakthi and Ors., where similar directions were given to pay and recover against the Insurance Company placing reliance on the decisions of the Honourable Supreme Court .