Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
New India Assurance Company Ltd. – Appellant
Versus
Hemlata Sahu W/o Biselal Sahu – Respondent
| Table of Content |
|---|
| 1. appointment of amicus curiae. (Para 1) |
| 2. challenge to tribunal's compensation order. (Para 2 , 3) |
| 3. application of 'pay and recover' principle. (Para 5 , 7) |
| 4. court's consideration of claims and statutes. (Para 6) |
| 5. dismissal of appeal, no costs. (Para 8 , 9) |
JUDGMENT :
Sanjay K. Agrawal, J.
1.Since no one is appearing on behalf of the respondents though served, this Court deems it appropriate to appoint Mr. A.L. Singroul, learned counsel, as amicus curiae to assist the Court in the present case.
2.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company challenging the impugned award dated 05.07.2022 passed by the 1st Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 59/2021, whereby learned Claims Tribunal has allowed the claimants’ application and awarded a total sum of Rs.12,28,165/- as compensation along with interest by fastening the liability upon the appellant herein on the basis of principle to first pay the compensation to the claimants and thereafter, recover the same from the owner and driver of the offending vehicle.
3.Mr.
Insurance policies classified as 'Act Only Policy' can still invoke 'Pay and Recover' under applicable legal precedents, establishing liability for compensation despite non-payment of premium for occ....
Insurance companies are not liable to cover occupant risks under 'Act Only' policies as per the Motor Vehicles Act, and cannot be ordered to pay and recover in such cases.
Liability of insurers for gratuitous passengers in goods vehicles established through the 'pay and recover' principle.
An insurance company under an 'Act Only' policy is not liable for occupant injuries unless the risk is specifically covered by the policy.
liability cannot be fastened where none exists for the reason that the claimants would find it difficult to execute the award against the owner of offending vehicle.
Insurance policies covering third-party liability do not extend to gratuitous passengers; however, the doctrine of 'pay and recover' allows insurers to compensate claimants and recover from the vehic....
Insurance policies are void if cancelled and the insured was duly notified before an accident, absolving the insurer from liability for resulting claims.
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
