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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.
Kerala High Court Cites 19 - Cited by 5 - J B Koshy - Full Document

Oriental Insurance Co. Ltd. vs Narayanan on 27 February, 2002

He also placed reliance on the decision of this Court in Oriental Insurance Company Limited v. Narayanan (2001 (2) KLT 714). We also find Exts. B1 and B2 would show that driver of the autorickshaw was not duly licensed to drive the autorickshaw. We are of the view, the principle laid down in the aforesaid decisions would squarely apply to the facts of this case as well. Consequently this appeal has to be allowed. We do so. It is open to the claimants to proceed against the driver and owner of the vehicle and recover the amount accordingly.
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