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2015 Supreme(Online)(Chh) 24

CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
New India Assurance Co. Ltd. v. Dr. Manisha Hirpurkar and Others


Advocates:
For the Appellants/Petitioners: Mr. Raj Awasthi
For the Respondents: Mr. Punit Ruparel

Table of Content
1. summary of case facts and insurance policy issues. (Para 1 , 2 , 3)
2. arguments regarding insurer's liability. (Para 4 , 5)
3. court observations on policy cancellation and liability. (Para 6 , 7 , 8 , 12 , 14 , 18)
4. legal reasoning on insurance liability in cancellation cases. (Para 15 , 16 , 17)
5. final ruling on appeals and insurer's liability. (Para 19)

1. These appeals, M.A. (C) Nos. 706 and 710 of 2010, were heard analogously and disposed of by this common order as common question of fact and law are involved and both have arisen out of the same accident.

2. Invoking the appellate jurisdiction of this court under S.173 of the Motor Vehicles Act , 1988 (to be referred to as 'the M.V. Act') appellant New India Assurance Co. Ltd. has filed these appeals questioning the legality and validity of impugned award dated 26.2.2010 passed by Eighth Additional Motor Accidents Claims Tribunal, Durg in Claim Case Nos. 110 and 111 of 2008, by which claimants' applications have been partly allowed and the appellant insurance company has been directed to indemnify the amount under impugned award and thereafter recover the same from the owner of the vehicle.

3. The brief facts



























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