Alias vs Paul on 26 May, 2003
In this connection we also refer to the Division Bench decisions of this Court in Oriental Insurance Co. Ltd. v. Usha (1996 (1) KLT 393); United India Insurance Company Ltd. v. Jaimy (1998 (1) KLT 90) and in Oriental Insurance Co. Ltd. v. Narayanan (2001 (2) KLT 714). However, the insurance company will be entitled to recover the amount from the owner according to law. Here, already Rs. 30,000/- was deposited by the owner as a condition precedent for granting stay. The balance amount should be deposited by the insurance company with interest within three months from today. The insurance company will be free to recover the amount deposited from the owner of the vehicle. It is for the owner of the vehicle to consider whether he can recover the amount from the bailee or not according to law. Since bailee is not a party, we are not expressing any observation regarding the same.