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Documents citing Phool Singh vs Pankhi And Ors. on 1 April, 2003

National Insurance Co. vs Bakaridan And Ors. on 4 November, 2016

5. Having examined the contentions of the learned -( 3 )- MA No. 294/2005 counsel for the appellant, according to me, the legal position canvassed in the case of Phool Singh vs. Pankhi & others, 2004 ACJ 843, wherein the trolley tilted and a passenger fell into ditch resulting in his death, a Division Bench of this Court has held that there is violation of terms and conditions of policy and the insurance company is not liable for payment of compensation.
Madhya Pradesh High Court Cites 5 - Cited by 11 - S K Awasthi - Full Document

Manoj vs Neetu on 16 December, 2016

9. Keeping in view the legal principles laid down by the Division Bench in the cases referred to herein above and considering the fact and circumstances of the present case, it is clear that the insurance company cannot be held liable for payment of compensation as appellant-Manoj is found to be travelling on the mudguard of the tractor.
Madhya Pradesh High Court Cites 7 - Cited by 0 - Full Document

United India Insurance Co.Ltd. vs Ku.Hemvati on 6 August, 2024

3. Learned counsel for the appellants/Insurance Company, after referring to Para 6 of the impugned award as well as FIR and relying upon National Insurance Co. Ltd Vs. V. Chinnamma and others, (2004) 8 SCC 697 and Phool Singh Vs. Pankhi and others reported in (2003) SCC Online MP 641 respectively, submits that at the time of accident, in offending vehicle (tractor trolley) a marriage party, consisting 40 to 45 Signature Not Verified Signed by: ROSHNI SINGH Signing time: 14-08-2024 14:35:01 3 MA-1738-2006 persons, was being carried. Therefore, insurance company is not liable to pay compensation. It is also urged that in the instant case principle of pay and recover cannot be applied. Hence, Insurance Company be exonerated from liability to pay the compensation.
Madhya Pradesh High Court Cites 6 - Cited by 0 - A K Paliwal - Full Document

United India Insurance Co.Ltd. vs Kunwar Singh on 6 August, 2024

3. Learned counsel for the appellants/Insurance Company, after referring to Para 6 of the impugned award as well as FIR and relying upon National Insurance Co. Ltd Vs. V. Chinnamma and others, (2004) 8 SCC 697 and Phool Singh Vs. Pankhi and others reported in (2003) SCC Online MP 641 respectively, submits that at the time of accident, in offending vehicle (tractor trolley) a marriage party, consisting 40 to 45 Signature Not Verified Signed by: ROSHNI SINGH Signing time: 13-08-2024 12:26:31 3 MA-1670-2006 persons, was being carried. Therefore, insurance company is not liable to pay compensation. It is also urged that in the instant case principle of pay and recover cannot be applied. Hence, Insurance Company be exonerated from liability to pay the compensation.
Madhya Pradesh High Court Cites 6 - Cited by 0 - A K Paliwal - Full Document

United India Insurance Co.Ltd. vs Bartu on 6 August, 2024

3. Learned counsel for the appellants/Insurance Company, after referring to Para 6 of the impugned award as well as FIR and relying upon National Insurance Co. Ltd Vs. V. Chinnamma and others, (2004) 8 SCC 697 and Phool Singh Vs. Pankhi and others reported in (2003) SCC Online MP 641 respectively, submits that at the time of accident, in offending vehicle (tractor trolley) a marriage party, consisting 40 to 45 Signature Not Verified Signed by: ROSHNI SINGH Signing time: 13-08-2024 12:26:31 3 MA-1670-2006 persons, was being carried. Therefore, insurance company is not liable to pay compensation. It is also urged that in the instant case principle of pay and recover cannot be applied. Hence, Insurance Company be exonerated from liability to pay the compensation.
Madhya Pradesh High Court Cites 6 - Cited by 0 - A K Paliwal - Full Document

Branch Manager Shriram Gen. Ins. Co. ... vs Smt. Salita on 15 October, 2025

7. Having examined the contentions of the learned counsel for the appellant, according to me, the legal position canvassed in the case of Phool Singh vs. Pankhi & others, 2004 ACJ 843 , wherein the trolley tilted and a passenger fell into ditch resulting in his death, a Division Bench of this Court has held that there is violation of terms and conditions of policy and the insurance company is not liable for payment of compensation.
Madhya Pradesh High Court Cites 5 - Cited by 0 - D D Bansal - Full Document

United India Insurance Co.Ltd. vs Komal Singh on 6 August, 2024

3. Learned counsel for the appellants/Insurance Company after referring to Para 6 of the impugned award as well as FIR and relying upon the Judgment in the case of National Insurance Co. Ltd Vs. V. Chinnamma and others reported in (2004) 8 SCC 697 and Phool Singh Vs. Pankhi and others reported in (2003) SCC Online MP 641 respectively submits that at the time of accident, in offending vehicle (tractor trolley) nearest party consisting 40 to 45 persons were being carried, therefore, insurance company is not liable to pay compensation. Hence, Insurance Company be exonerated from liability to pay the compensation.
Madhya Pradesh High Court Cites 5 - Cited by 0 - A K Paliwal - Full Document
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