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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Reliance General Insurance Company Limited – Appellant
Versus
Anita Sharma – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. By this common judgment, FAO No. 2448 of 2025 and cross objections No.98 of 2025 shall stand disposed of.
2. The present appeal has been filed by the Insurance Company against the award dated 21.01.2025 passed by the Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as ‘Tribunal’) challenging the finding of the Tribunal whereby Insurance Company has been directed to satisfy the award, with right to recover the same from the owner and driver of the offending vehicle, whereas cross objections have been filed by the claimants for enhancement of compensation.
3. Learned counsel for the Insurance Company submits that the Tribunal has rightly held that there was a violation of the terms and conditions of the insurance policy by the owner/insured, thereby exonerating the Insurance Company from its liability. However, in order to protect the interest of third parties, the Tribunal directed that the Insurance Company shall satisfy the award in favour of the claimants and thereafter, recover the same from the owner and driver of the offending vehicle, who were held jointly and severally liable to pay the compensation amount. He places reliance on
The main legal point established in the judgment is the application of the principle of 'pay and recover' in specific circumstances and the exercise of plenary powers under article 142 of the Constit....
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