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Documents citing The New India Assurane Co. Ltd. vs Smt Arti Devi & Ors on 26 February, 2015

Savitha vs Sabari Ravi on 10 December, 2025

Co. Ltd., Vs. Smt. Arti Devi and others where in a detailed discussion is made on the SCCH 15 24 MVC No.3680/2024 principle of pay and recover. The said decision has also taken into consideration catena of decisions and it is concluded that the Motor vehicles Act Amendment 2019 neither takes away the liability of the insurer to pay the claimants nor its right to recover the said amount from the owner and the law to this effect remains intact and the principle will still govern protecting third party interest.
Bangalore District Court Cites 15 - Cited by 0 - Full Document

Mamta vs Trilochan Singh on 31 October, 2025

32.6 Clearly, there exists a conflict between the decision of the Hon'ble High Court of Delhi in Mohd. Javed (supra) and that of the Hon'ble High Court of Judicature at Allahabad in Arti Devi (supra) with regard to the MACT No. 320/2023 Mamta vs. Tirlochan Singh & Ors. Page No. 14 of 21 applicability of the principle of "pay and recover" in respect of accidents occurring after 01.04.2022, that is, subsequent to the coming into force of the amendments to the MV Act. The Hon'ble High Court of Delhi has held that, post-amendment, the recovery rights cannot be granted. The Hon'ble High Court of Judicature at Allahabad, however, has taken a contrary view and held that the principle of "pay and recover" continues to apply.
Delhi District Court Cites 27 - Cited by 0 - Full Document

Akbar @ Akki vs Trilochan Singh on 31 October, 2025

30.6 Clearly, there exists a conflict between the decision of the Hon'ble High Court of Delhi in Mohd. Javed (supra) and that of the Hon'ble High Court of Judicature at Allahabad in Arti Devi (supra) with regard to the applicability of the principle of "pay and recover" in respect of accidents occurring after 01.04.2022, that is, subsequent to the coming into force of the amendments to the MV Act. The Hon'ble High Court of Delhi has held that, post-amendment, the recovery rights cannot be granted. The Hon'ble High Court of Judicature at Allahabad, however, has taken a contrary view and held that the principle of "pay and recover" continues to apply. 30.7 In the present case, MLC no. 1121 (Ex. R3W1/C) of DDU Hospital reflects that in the medical examination, conducted on 26.01.2023 at 10:15 p.m., the Blood Alcohol Concentration (BAC) of respondent no. 1 was found to be 103.6 mg/100 ml, far in excess of the legally permissible limit of 30 mg/100 ml. The petitioner stated in the FIR that after the accident respondent no. 1 smelled of alcohol. The police, in the charge-sheet, have invoked Section 185 of the MV Act against respondent no. 1 for driving under the influence of alcohol. The evidence led by respondent no. 3 has remained unrebutted.
Delhi District Court Cites 26 - Cited by 0 - Full Document
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