Back
NAVIN CHAWLA
Gurmeet Singh – Appellant
Versus
New India Assurance Company Ltd. – Respondent
JUDGMENT
1. This appeal has been filed by the appellant challenging the Award dated 01.03.2018 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal, Rohini, Delhi (hereinafter referred to as the `Tribunal') in MAC Petition No.504961/2016, titled Smt. Rubi Devi & Ors. v. Megh Singh & Ors..
2. The limited challenge of the appellant against the Impugned Award is on the liberty granted by the learned Tribunal to the respondent no.1 herein, that is the Insurance Company, to recover the compensation paid by it to the claimants, that is the respondent nos.2 to 5 herein, from the appellant, who is the owner of the offending vehicle. The learned Tribunal has granted the recovery right to the respondent no. 1 on the ground that the appellant, as on the date of the accident, did not have a Permit for plying the offending vehicle, that is the Truck bearing registration no.HR-38F-3387, within the State of Delhi.
Submissions of the learned counsel for the Appellant:
3. The learned counsel for the appellant, placing reliance on the judgment of the Supreme Court in National Insurance Co. Ltd. v. Swaran Singh and Others, (2004)3 SCC 297, submits that t
The Insurer cannot evade liability for compensation due to permit violations that do not constitute a fundamental statutory infraction.
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
Liability of the insurance company in case of violation of R.T.O. rules and breach of permit conditions
Insurers are statutorily liable to pay compensation to third parties despite breaches of policy conditions unless the insured's negligence is proven to be fundamental.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
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
