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Showing contexts for: parvathneni in Sanjay S/O Badriprasad Khandelwal vs Smt.Sukhiyabai W/O Baratiya Gond on 25 March, 2010Matching Fragments
12. Shri Khanjode, the learned counsel for the Insurance Company, has placed a reliance on the decision of Karnataka High Court in 1999 ACJ 1402 United India Insurance Co.Ltd. ..vs.. Thimmanna and ors.). The decision, in fact, is not very different from the decision of the Supreme Court cited above. In this case, the court held that though 81 passengers were travelling, the liability of Insurance Company was limited to 38 only as per policy. Thus, it is not that none of the passengers was paid the claim because 81 passengers in breach of permit were carried. Yet another decision reported in 2009 (4) TAC 382 ( National Insurance Co.Ltd. vs. Parvathneni and anr.) was placed before me. The decision has no bearing on the question before me. In the said decision the Supreme Court holds that the Insurance Company cannot be directed to satisfy the award and then recover the amount from the owner where Insurance Company is not at all liable.