citedby: 219320 tag: liability-limit

National Insurance Co. Ltd. vs Biniya Bai And Ors. on 17 November, 1999

Reference in that case was made to National Insurance Co. v. Smt. Savitri Bai and Ors. (1991 MPLJ 46) and National Insurance Company v. Thaglu Singh Vishwanath Gond and Ors. (1994 MPLJ 663), wherein it has been laid down that it is found that the insurer has no liability to pay the amount of compensation, Tribunal may issue appropriate direction for reimbursement of the amount from the owner of the vehicle.

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New India Assurance Company Ltd. vs Raghuvir And Ors. on 19 October, 1994

It may, however, be seen that this very Full Bench was noticed by a Division Bench of this Court in the case of National Insurance Company v. Thaglu Singh, 1994 MPLJ 663 = 1994 (1) MPJR 262. The Division Bench, in express terms, disagreed with the view expressed by the Full Bench of Karnataka High Court. This matter is dealt with in para 15 of the judgment and this para reads as under :

Madhya Pradesh High Court Cites 10 - Cited by 1 - Full Document

New India Assurance Co. Ltd. vs Raghuvir And Ors. on 19 October, 1994

It may, however, be seen that this very Full Bench was noticed by a Division Bench of this court in the case of National Insurance Co. Ltd. v. Thaglu Singh 1995 ACJ 248 (MP). The Division Bench, in express terms, disagreed with the view expressed by the Full Bench of Karnataka High Court. This matter is dealt with in para 15 of the judgment and this para reads as under:

Madhya Pradesh High Court Cites 11 - Cited by 0 - Full Document

New India Assurance Co. Ltd. vs Bhuvnesh Pathak And Anr. on 16 February, 1999

3. In this appeal, it is sought to be argued that the insured is not covered by the policy and no liability can be attached upon the insurance company even if the owner was injured. This question would require the interpretation of the policy itself and in view of the decision rendered by a Division Bench of this court in National Insurance Co. Ltd. v. Thaglu Singh 1995 ACJ 248 (MP), there is hardly any scope for interfering with the impugned award. In the aforesaid case, it has been laid down by the Division Bench in para 14, at page 252 that:

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National Insurance Co. Limited vs Jagannath Prasad And Ors. on 15 February, 1996

1. An interim award was passed. The present petitioner that is, National Insurance Company Limited, was asked to deposit a sum of Rs. 11,350/- (i.e. Rs. 7500 + Interest Rs. 3850/-) towards no fault liability. According to the petitioner, final award has since been given by the Tribunal on 29th July, 1994. Relying upon a decision given by this Court reported as National Insurance Co., Jabalpur v. Thaglu Singh and Ors. AIR 1994 MP 177, it has been argued that when owners have been directed to meet the liability for an accident then a further direction should also be given directing them to refund the amount paid by Insurance Company towards no fault liability to the Insurance Company. Reliance is being placed on the following observations made by this Court.

Madhya Pradesh High Court Cites 1 - Cited by 0 - Full Document

National Insurance Company Limited vs Jagannath Prasad And Ors. on 3 January, 1996

Heard Counsel. An interim award was passed. The present petitioner that is, National Insurance Company Limited was asked to deposit a sum of Rs. 11,350, (i.e. 7,500 + Interest 3,850) towards no fault liability. According to the petitioner, final award has since been given by the Tribunal on 29th of July, 1994. Relying upon a decision, given by this Court reported as National Insurance Company, Jabalpur v. Thaglu Singh and Ors. , it has been argued that when owners have been directed to meet the liability for an accident then a further direction should also be given directing them to refund the amount paid by Insurance Company towards no fault liablity to the Insurance Company. Reliance is being placed on the following observations made by this Court.