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SANJAY KAROL, MANOJ MISRA
Akula Narayana – Appellant
Versus
Oriental Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. liability disputes between appellant and insurer. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments on insurance liability and breach. (Para 8 , 9) |
| 3. court's analysis on insurance contract obligations. (Para 10 , 11) |
| 4. application of pay and recover principle. (Para 12) |
| 5. final decision to allow appeal. (Para 13 , 14) |
JUDGMENT
MANOJ MISRA, J.
1. Leave granted.
2. This is Claimant’s appeal against the judgment and order of the High Court for the State of Telangana at Hyderabad [The High Court] dated 08.06.2022 whereby the High Court allowed the appeal of the first-respondent (i.e., the Insurer) and set aside the award passed by the Motor Accidents Tribunal [The Tribunal] to the extent it made the insurer liable along with the owner of the vehicle to pay compensation to the appellant.
3. There is no dispute inter se parties regarding liability of the second respondent (i.e., owner of the vehicle with which accident was caused). There is also no dispute that the vehicle was insured with the first respondent. The only dispute is whether the insurer should have been absolved totally from its liability to pay the compensation or that the insurer should have been directed to pay and reco
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