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K. VINOD CHANDRAN, N. V. ANJARIA
Rama Bai – Appellant
Versus
Amit Minerals, Through Incharge Officer/Competent Officer – Respondent
| Table of Content |
|---|
| 1. dispute over insurance liability and recovery principle. (Para 1 , 2) |
| 2. details of the vehicular accident and court findings. (Para 3) |
| 3. legal arguments regarding the 'pay and recover' principle. (Para 5) |
| 4. court's legal reasoning on insurance policy breach. (Para 6) |
| 5. final order allowing appeal with specific directions. (Para 7) |
JUDGEMENT :
Preferred by the appellant-claimants, the present Appeal is directed against judgment and award dated 11.06.2020 of the High Court of Chhattisgarh, Bilaspur in M.A. (C) No. 876 of 2013, whereby the High Court enhanced the compensation payable to the appellant-claimant and absolved respondent No. 3 – Insurance Company from the liability to pay the amount, fastening the same on respondent Nos. 1 and 2 – driver and the owner respectively.
2.1 In support of the plea that principle of ‘pay and recover’ should have been applied, the appellant pressed into service the decisions of this Court in Shamanna and Another v. Divisional Manager, Oriental Insurance Company Limited and others , (2018) 9 SCC 650 and in Parminder Singh v. New India Assurance Company Limited and Others , (2019) 7 SCC 217.
3.1 The 2nd Additional Motor Accident Clai
The absence of a valid driving license at the time of the accident exonerates the insurer from liability under the Motor Vehicles Act, while the 'pay and recover' principle mandates that the insurer ....
The central legal point established in the judgment is that the liability of an insurance company under a 'liability only policy' and the application of the doctrine of 'pay and recovery' depend on t....
The main legal point established in the judgment is the application of the principle of 'pay and recover' in specific circumstances and the exercise of plenary powers under article 142 of the Constit....
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