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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Kshitij Shailendra,J.
ICICI Lombard General Insurance Co Ltd – Appellant
Versus
Arti Devi – Respondent
JUDGMENT :
EFFECT OF MOTOR VEHICLES (AMENDMENT) ACT, 2019 (32 of 2019) ON INSURER’S RIGHT TO RECOVER COMPENSATION FROM OWNER
1. Heard Shri Aditya Singh Parihar, learned counsel for the appellant-Insurance Company, Shri S.D. Ojha, and Shri Shreesh Srivastava, learned counsel for the claimant-respondents and Shri Abhinav Trivedi as well as Shri Adarsh Kumar, learned counsel for vehicle owner and driver in all the connected appeals.
2. All these appeals involve common questions of fact and law and, hence, are being decided by a common judgment. For the sake of convenience, First Appeal From Order No. 1780 of 2024 shall be treated as leading case.
3. The present appeal at the instance of Insurance Company challenges the award dated 01.06.2024, whereby the Presiding Officer, Motor Accident Claims Tribunal, Kanpur Dehat has allowed M.A.C. No. 186 of2022 (Smt. Aarti Devi and others vs. Manager I.C.I.C.I. Lombard General Insurance Company Limited and others) in part awarding a sum of Rs.20,11,800/- towards compensation against the owner and driver of the offending vehicle with an observation that vehicle being insured with the appellant-Company, the appellant shall have right to recover the am
Insurers remain liable to pay compensation to victims immediately despite legislative amendments, reaffirming the 'PAY AND RECOVER' principle to ensure protection of third-party interests under the M....
The insurer remains liable for compensation despite the rider lacking a valid license as the policy was issued before the relevant amendment to the Motor Vehicles Act.
Insurers are statutorily obligated to satisfy judgments for third-party claims, even if policy conditions are violated, following amendments to the Motor Vehicles Act.
Insurers remain liable under the principle of pay and recover even if exonerated unless they prove fundamental breaches contributing to the liability.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
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.
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