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Documents citing Bajaj Allianz General Insurance Co. Ltd vs Ashok Kumar And Ors on 12 September, 2019

Bajaj Allianz General Insurance Co Ltd vs Kamal Kumar & Others on 12 April, 2021

6. A perusal of the order of this Court dated 19th February, 2020 in MAC. APP. 940/2019 titled Bajaj Alliance General Insurance Co Ltd. v. Ashok Kumar & Ors., also shows that the ld. Single Judge in the said matter had accepted the contention made on behalf of the insurance company that there is no provision under the Act, for passing of interim award. The order said order dated 19th February, 2020, reads as under:
Delhi High Court Cites 6 - Cited by 0 - P M Singh - Full Document

National Insurance Co.Ltd vs Smt. Neetu on 12 April, 2021

3. The challenge by the Petitioner/insurance company, in the respective matters, is to the effect that Section 140 of the Motor Vehicles Act, 1988 (hereinafter, 'the Act') by which interim compensation could be awarded, stands deleted from the Act by virtue of the amendment brought in by the Motor Vehicles (Amendment) Act, 2019 (hereinafter, 'the Amendment Act, 2019'). It is further submitted by Mr. Seth, ld. Counsel appearing for the insurance company that under Section 149(3) of the Act, an award in terms of the legal offer can be passed only if the said offer is accepted by the insured CM(M) 18/2021 & 57/2021 Page 1 of 5 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:16.04.2021 22:14:34 person. He relies upon Bajaj Alliance General Insurance Co Ltd. v. Ashok Kumar & Ors., [MAC. APP. 940/2019, decided on 19th February, 2020] passed by the ld. Single Judge of this Court.
Delhi High Court Cites 6 - Cited by 1 - P M Singh - Full Document

Sbi General Insurance Co Ltd vs Yash Kumar Gupta & Ors on 11 March, 2020

He further cites judgment dated 19.02.2020 made in MAC APP.940/2019 titled Bajaj Allianz General Insurance Company Limited vs. Ashok Kumar & Ors., whereby a Co-ordinate Bench of this Court has CM(M) 316/2020 Page 1 of 2 set aside the interim award made in similar circumstances. Counsel submits that although the proceedings filed in the said other matter was an appeal, as a matter of fact only a petition under Article 227 of the Constitution would be maintainable, for the reason that when there is no provision for passing interim award at all, there cannot be an appeal provided in law against such award.
Delhi High Court - Orders Cites 3 - Cited by 1 - A J Bhambani - Full Document

Sbi General Insurance Company Ltd vs Rekha Gupta & Anr on 14 December, 2022

2. Learned counsel for the petitioner submits that the direction to the petitioner to pay to the respondents the aforesaid sum of Rs.24,61,232/-, which was based on the legal offer made by the petitioner, is wholly without jurisdiction. Once, the learned Tribunal has decided to proceed with the trial of the claim petition, no such directions could have been passed. Furthermore, since there is no longer a provision under the amended Motor Vehicles Act, which amendment came into effect on 09.08.2019, for passing of any interim award, the learned Tribunal has erred in passing the impugned Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:16.12.2022 12:00:45 direction to the petitioner to pay the aforesaid sum to the respondents. In support of his plea, he places reliance on the decision dated 17.02.2020 in MAC.APP. 940/2019 "Bajaj Allianz General Insurance vs. Ashok Kumar and Others".
Delhi High Court - Orders Cites 3 - Cited by 0 - R Palli - Full Document

Sbi General Insurance Co Ltd vs Yash Kumar Gupta & Ors on 14 December, 2022

2. Learned counsel for the petitioner submits that the direction to the petitioner to pay the aforesaid sum, which was based on the legal offer of the petitioner of Rs. 92,000/-, and Rs. 93,270/- for medical expenses as per the medical bills furnished by the claimants, is wholly without jurisdiction. Once, the learned Tribunal has decided to proceed with the trial of the claim petition, no such directions could have been passed. Furthermore, since there is no longer a provision under the amended Motor Vehicles Act, which amendment came into effect on 09.08.2019 for passing of any interim award, the learned Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:16.12.2022 12:00:45 Tribunal has erred in passing the impugned direction to the petitioner to pay to the respondents. In support of his plea, he places reliance on the decision dated 17.02.2020 in MAC.APP. 940/2019 "Bajaj Allianz General Insurance vs. Ashok Kumar and Others".
Delhi High Court - Orders Cites 3 - Cited by 0 - R Palli - Full Document
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