1. New India Assurance Company Limited, Rep. by its Branch Manager VS Karam Dhanalakshmi - 28 Nov 12

favour of claimants cannot be stopped – Direction to pay and recover upheld. ... Motor Vehicles Act 1988 - Sections 149, 147, 168 and 173 – Accident---Driving license---Pay and Recover---Liability of insurance ... company to pay amount to claimant and recover it from insured when driver of offending vehicle was a minor and he had no driving ... the compensation to the claimants in the O.P.No.356 of 2009 and to recover the same from the owner of the vehicle, i.e., 5th respondent ... the vehicle or vehicles involved in the accident or the properties of the insured sufficient to enable the Insurance Companies to recover ... vehicle did not have valid driving licence, then the insurance company, after paying the compensation to the claimants, entitled to recover

India - Andhra

2. Toshi VS Surinder Kumar Gulati - 02 Nov 17

.

In such circumstances, the Insurance Company should have paid the compensation amount to the appellants, and it may recover

India - Punjab

3. Branch Manager, United India Insurance Co. Ltd. VS Nagammal - 23 Dec 08

to the claimant and thereafter recover from the owner — The principle to pay and recover as statutorily recognized in Sec. 149(4 ... Motor Vehicles Act, 1988, Sec. 147(1) — Passengers risk in goods vehicle — Liability of insurance company to pay and recover — Passenger ... required to be covered — Held — In a case where such passenger meets with an accident, Insurance Company cannot be directed to pay ... and recover". ... and recover'. ... and recover" to other cases.

India - Rajasthan

4. National Insurance Company Limited, Through its Branch Manager, Pudukkottai VS M. Deepa (Late) - 31 Jan 22

Motor Vehicles Act, 1988 - Section 173, 149, 149(4), 149(5), 147 - 'Pay and Recover' - Case of fatal accident ... compensation - 'Pay and Recover' cannot be ordered - Court is inclined to modify liability and therefore, 5th respondent herein/ ... withdraw amount already deposited, if any - Already, if any award amount withdrawn by claimants, appellant/insurance company shall recover ... The 'Pay and Recover' cannot be ordered. 12. ... and recover' was ordered. ... Against the said 'pay and recover' order, the appellant/insurance company has preferred

India - Madras

5. Oriental Insurance Company Limited VS Thodam Adi Narayana - 10 Mar 20

Section 168 of M.V.Act, cannot be over looked, when they are the benevolent provisions, stand to assist the unfortunate victims in motor vehicle accidents.

The insurer can be given liberty to recover

India - Andhra

6. Bajaj Allianz General Insurance Co. Ltd. VS Sangita w/o Bhagwan Raut - 21 Jul 14

. - Insurer can be directed by Tribunal to first pay amount of compensation and then recover same from insured/owner. ... Tribunal can direct the insurer to first pay the compensation to the claimant and then recover the compensation amount from the insured ... the compensation and then recover it from the owner of the offending vehicle can be issued. ... the compensation amount and then recover it from the insured. ... the compensation first and then recover the same from the insured. ... the compensation amount and then recover it from the insured or not.

India - Bombay

7. Bajaj Allianz General Insurance Co. Ltd. , Hyderabad VS Gaddam Swami Reddy - 07 Aug 12

The Insurance Company is entitled to recover ... said award was challenged by the Insurance Company in the present appeal contending that the Insurance Company is not liable to pay ... The point, therefore, arises for consideration in this appeal is whether the Insurance Company is liable to pay compensation to the

India - Andhra

8. United India Insurance Company Ltd. VS Lasee - 08 Mar 11

and recover is justified – Appeal dismissed. ... recorded that driver did not have a valid license – No recording to the effect that deceased was not a third party – Direction of pay ... Although the Claims Tribunal passed an order for satisfying the award by the insurance company and, then, to recover the ... and recover the amount of compensation cannot be given and, secondly, if the passenger of the vehicle is not third party within ... Therefore, the order to first satisfy the award and then recover the amount from the owner

India - Rajasthan

9. National Insurance Company Limited VS Gurinder Pal Singh - 13 Feb 14

and recover from owner and driver. ... endorsement and it was not there on license of driver--Driver cannot be held to have an effective driving licence--Insurance company to pay ... The award stands modified to allow for the insurer to satisfy the amount with the claimant and recover ... The award of the Tribunal casting liability on the insurance company without providing for a right of recovery against the owner ... Prabhu Lal 2008 ACJ 267 and provision for a right of recovery was considered recently by the judgment of the Supreme Court in a situation

India - Punjab

10. NEW INDIA ASSURANCE COMPANY LIMITED VS PRIYANKA KESHRI - 08 Nov 12

Motor Vehicles Act, 1988—Sections 147(5) and 149(1)—Motor insurance—Liability of insurer—Principle of pay and recover—Scope of—Accident ... question took place due to rash and negligent driving of driver of offending vehicle—However, Tribunal affixed the liability to pay ... on insurer—Challenge against—A decree if obtained against any person insured under the policy, then the insurer shall pay to the ... the amount of compensation and thereafter recover the same from the owner of the vehicle in question, i.e., respondent No. 3 herein ... At the same time, the Insurance Company has also been given liberty to recover the said ... would initially be paid by the Appellant-Insurance Company, and thereafter, the Appellant-Insurance Company would have right to recover

India - Allahabad