K.P.Thomas vs The Divisional Manager on 2 February, 2006
The relevant observation in National Insurance Co., Ltd., Vs. Hansi Bisht
reported in 2005 ACJ 794 is as follows:
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National Insurance Co. Ltd. vs Hansi Bisht And Ors. on 15 June, 2004
Ms.United India Insurance vs Ramachandran on 23 March, 2006
18. Hence, I hold on the point that the Insurance Company / the appellant
is liable to pay the award of compensation in M.C.O.P.No.440 of 1992, dated
31.07.1995 on the file of the Motor Accidents Claims Tribunal - Principal
Subordinate Judge, Tiruchirappalli. The 'pay and recovery' theory will not
be applicable to the facts of the present case, because the accident had
occurred in the year 1990 before the judgment on that aspect were delivered as
in National Insurance Co., Ltd., Vs. Hansi Bisht reported in 2005 ACJ 794. The
point is answered accordingly.
Mohd. Abdullah Sheikh vs Guddu on 27 January, 2007
It is also useful to refer to the case of National Insurance
Co. Ltd. vs. Hansi Bisht, 2005 ACJ 794. In that case, the bus was insured
for 25 passengers and 51 passengers were travelling but insurance
company was held liable.
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