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...advocate for the appellant has contended that though there was no liability of appellant - Insurance Company to pay compensation as the deceased himself was a wrongdoer. Learned advocate for the appellant has relied upon the decisio...of the Motor Vehicles Act. It is apparent that the Tribunal has not dealt with liability issue as the appellant - Insurance Company is contending that the deceased himself was the wrongdoer. Prima-facie it appears that the liabi...ORAL JUDGMENT1. By way of this appeal, appellant - Insurance Company has challenged the order dated 16.06.2000 passed below Exh.1 in Motor Accident Claims Petition No. 667...
...indemnify it should have been fully exonerated.
3. Having heard arguments, the appeal is found to be unmerited. Since the interest of the insurance company is duly protected by the directions in the impugned judg... (2004) 3 SCC 297 & United India Insurance Company Ltd. V. Lehru & Ors...the third respondent (owner/insured) and driven by the second respondent (the driver), it admittedly having been insured against third party risk with the appellant insurance company (insurer) for the...
...the recovery rights [National Insurance Company V. Swaran Singh (2004) 3 SCC 297 and United India Insurance ...), admittedly insured against third party risk with the appellant/insurance company (the insurer). In the course of the inquiry into the claim petition (suit no.424/2008), which had been instituted on...29.01.2008, the insurance company had pleaded breach of terms and conditions of the insurance policy on the ground that the driver of the TSR (third respondent) was not holding a valid or effective license...
...driving licence to protect the right of indemnity to the insured. The law has been settled to the above effect in the National Insurance Company V. Jarnai...Singh and others (2007) 15 SCC 28, New India Insurance Company V. Suresh Chander Aggarwal (2009) 15 SCC 761 and ...K. Kannan, J.(Oral)1. Both the appeals arise out of the same accident. In both the cases the Insurance Company is in appeal to advert to a situation where the driver...
...National Insurance Company v. Swaran Singh, (2004) 3 SCC 297 has held that the Insurance Company in order to avoid liability towards ...20 thereof and would submit that after adverting to the judgment of the Supreme Court in the case of National Insurance Company v. Swaran...National Insurance Company v. Swaran Singh (supra) and has taken a different view.12. In view of the finding rendered by...
...interest at the rate of 9% p.a from the date of this application till the realization.3. The learned advocate for the appellant has contended that the Insurance Company is not liable to satisfy the award because the d...examined, in view of the decision in case of National Insurance Company v. Sinitha passed in Special Leave Petition (C) No. 6513 of 2007.5. Therefore, the order dated 30.11.2004 passed in...appellant-Insurance Company has challenged the order dated 30.11.2004 passed in Motor Accident Claims Petition No. 175 of 2002, filed under...
...Court in the case of National Insurance Company v. Baljit Kaur, 2004 (2) Mh.L.J (S.C) 372...directions to the Insurance Company to satisfy the award at the first instance and then to recover it from the owner/driver of the vehicle. According to her the liability of the Insurance Company to satisfy the awa...of this Court in case of United India Insurance Company v. Sindhubai Kondiram Darwante, reported in 2010 (3) Mh.L.J 886 : ...
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...accidental vehicle was not carrying baratis. Learned counsel refers to the judgment of the Supreme Court in National Insurance Company v. Swarn Singh & others...shall however first be paid/deposited by respondent No. 3 Insurance Company. Thereafter, the amount shall be recovered from respondents No. 1 and 2 by respondent No. 3 in execution. (See ...it was respondent No. 3 the Insurance Company which was liable to pay compensation.Respondent No. 3, Insurance Company, took a specific stand that the vehicle was being plied in...
....2. The contentions in the main grounds of un-numbered appeal are that the Tribunal gravely erred by ignoring the legal position settled of the Apex Court in National Insurance Company v. Asha...Rani reiterated in Oriental Insurance Company Limited v. Devireddy Kondareddy and followed subsequently in the case of National Insurance Company Limited v. Bommitti Subbayamma besides Ne...in similar facts in National Insurance Company Limited v. Savitri Devi following the expression of Bommithi Subbhayamma supra, held categorically in respect of the goods lorry in...
....2. The contentions in the main grounds of un-numbered appeal are that the Tribunal gravely erred by ignoring the legal position settled of the Apex Court in National Insurance Company v. Asha...Rani reiterated in Oriental Insurance Company Limited v. Devireddy Kondareddy and followed subsequently in the case of National Insurance Company Limited v. Bommitti Subbayamma besides Ne...Court in similar facts in National Insurance Company Limited v. Savitri Devi following the expression of Bommithi Subbhayamma supra, held categorically in respect of the goods lorry in...
...pay and recover, even the said direction is contrary to the law laid down by this Court in the case of National Insurance Company v. Batul : 2016 ACJ 406. Admit. Issue...the appellant Insurance Company deposits a sum of Rs. 95,000/- alongwith interest as awarded by Tribunal within a period of four weeks, after taking into consideration any amount deposited under Section...
...pay and recover, even the said direction is contrary to the law laid down by this Court in the case of National Insurance Company v. Batul : 2016 ACJ 406. Admit. Issue...the appellant Insurance Company deposits a sum of Rs. 36,000/- alongwith interest as awarded by Tribunal within a period of four weeks, after taking into consideration any amount deposited under Section...
...pay and recover, even the said direction is contrary to the law laid down by this Court in the case of National Insurance Company v. Batul : 2016 ACJ 406. Admit. Issue...the appellant Insurance Company deposits 70% of the impugned award alongwith interest as awarded by Tribunal within a period of four weeks, after taking into consideration any amount deposited under...
...pay and recover, even the said direction is contrary to the law laid down by this Court in the case of National Insurance Company v. Batul : 2016 ACJ 406. Admit. Issue...the appellant Insurance Company deposits 70% of the impugned award alongwith interest within a period of four weeks, after taking into consideration any amount deposited under Section 140 and/or proviso...
...pay and recover, even the said direction is contrary to the law laid down by this Court in the case of National Insurance Company v. Batul : 2016 ACJ 406. Admit. Issue...the appellant Insurance Company deposits a sum of Rs. 1,10,000/- alongwith interest as awarded by Tribunal within a period of four weeks, after taking into consideration any amount deposited under...
...pay and recover, even the said direction is contrary to the law laid down by this Court in the case of National Insurance Company v. Batul : 2016 ACJ 406. Admit. Issue...the appellant Insurance Company deposits a sum of Rs. 35,000/- alongwith interest as awarded by Tribunal within a period of four weeks, after taking into consideration any amount deposited under Section...
...the principle of "no fault liability" from Rs. 25,000/- to Rs. 50,000/- w.e.f. 14.11.1994 and amendment is not restrospectively in operation.
2. This Court in National Insurance Company v. Hira...
...be withheld. The learned Tribunal has taken proper view of the matter and has rightly directed the insurance company to pay and thereafter recover. The appeals lack substance and are thus dismissed. [...
R.K.GAUBA, J (ORAL):
1. Both these appeals have been filed by the insurance company directed against common...insurance company took the position that there had been a breach of terms and conditions of the policy inasmuch as the driving license presented by the driver to the investigating police to show proper...
...for interference, as this legal position is explained by the Hon'ble Supreme Court in the matter of National Insurance Company v. Baljeet Kaur, 2004 (2) Mh. L.J (S.C...-Phulambri road. Respondent No. 2, driver of the vehicle, was prosecuted. The appellant/insurance company did not dispute the accident; claimant's interest; dependency and also the quantum. The grievance...is, since the deceased was a gratuitous passenger, sitting in the cabin and expired in the accident, the insurance company is not liable to pay the amount. Evidence of Aran Jawanjal was put in by the...