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MADAN GOPAL VYAS
Parvati Devi W/o Late Kailash Chandra – Appellant
Versus
Reliance General Insurance Company Ltd. – Respondent
JUDGMENT :
Appellants have filed this appeal, challenging the award dated 24.07.2018 passed by the Motor Accident Claims Tribunal, Chittorgarh in Claim Case No. 98/2010.
2. Learned counsel for the appellants-claimants submits that while deciding issue no.3, the learned tribunal held that at the time of accident, the respondent no.4 was not having valid permit to ply the vehicle and thus, exonerated the Insurance Company from its liability. He, however, has orally submitted in the Court that his prayer in the present appeal is limited to the effect that the Insurance Company be directed to pay the amount of compensation to the claimant in the first instance. The Insurance Company had been exonerated from indemnifying the insured on account of breach of terms of the insurance policy. In support of his arguments, learned counsel has placed reliance on the decision of this Court in Amrit Paul Singh and Another. Vs. Tata AIG General Insurance Company Limited and Others 2018(7) Supreme Court Cases 558, wherein it was held as under:-
The main legal point established in the judgment is that the Insurance Company can be directed to satisfy the award with liberty to recover the same from the owner of the offending vehicle in accorda....
The main legal point established in the judgment is the liability of the insurance company in cases where the offending vehicle was being driven without a valid permit, applying the principle of 'pay....
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
Liability of the insurance company in case of violation of R.T.O. rules and breach of permit conditions
The main legal point established in the judgment is that the insurance company is required to first pay the claimants of the victim and thereafter recover from the owner of the offending vehicle in q....
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