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K. VINOD CHANDRAN, N. V. ANJARIA
Amudhavalli – Appellant
Versus
HDFC Ergo General Insurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. issue of 'pay and recover' in insurance claims. (Para 1 , 2) |
| 2. prior decisions regarding liability of insurance companies. (Para 3 , 4) |
| 3. court's analysis on indemnity and liability in insurance. (Para 5 , 6 , 9 , 10) |
| 4. examples of previous rulings affecting pay and recover. (Para 7 , 8) |
| 5. dismissal of the special leave petition. (Para 11 , 12) |
ORDER :
2. The Tribunal made the award after computing the compensation for the death of the husband of the first petitioner and mulcted the liability on the insurance company, brushing aside the contention that the insured vehicle is a goods vehicle, and the deceased was a travelling passenger on fare. An appeal was filed before the High Court by the insurance company which resulted in the impugned judgment, which assailed both the quantum and the liability to indemnify the insured, the latter ground raised on the breach of conditions of policy, when the goods vehicle carried passengers on fare. The quantum as awarded by the Tribunal was confirmed by the High Court. However, the pay and recovery directed by the Tribunal was set aside.
4. Mr. Joy Basu, learned Senior Counsel appearing for the insurance company, however, point
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