Back
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 :
N.V. ANJARIA, J.
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. The case and grievance of the appellant is that the High Court ought to have applied the doctrine of “pay and recover” requiring the Insurance Company to satisfy the amount of compensation to the claimant and subsequently allow the Insurance Company to recover the amount in accordance with law.
2.1 In support of the plea that principle of ‘pay and recover’ should have been appli
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
