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United India Insurance Co. vs Hari Shanker And Another on 25 May, 2022

In Oriental Insurance Co. Ltd. v. Brij Mohan [Oriental Insurance Co. Ltd. v. Brij Mohan, (2007) 7 SCC 56 : (2007) 3 SCC (Cri) 304] , the claimant was travelling in the trolley attached to tractor carrying earth to brick kiln. It was found that the tractor and the trolley were not used for "agricultural works", the only purpose for which the tractor was insured, when the claimant sustained the injuries. The Supreme Court though held that the insurance company is not liable to pay compensation, however, invoked the power vested in the Supreme Court under Article 142 of the Constitution of India in directing the insurance company to satisfy the award by paying compensation to the insured/claimant and realise the same from the owner of the tractor.
Allahabad High Court Cites 29 - Cited by 0 - Full Document

Dhirali (Minor) Vinodbhai Bist, Minor ... vs Dhanabhai Raisibhai Bhardiya Ahir on 4 July, 2024

14. So far as the recovery of the amount from the owner of the vehicle, the insurance company shall recover as held in the decision in Oriental Insurance Co. Ltd. v. Nanjappan [Oriental Insurance Co. Ltd. v. Nanjappan, (2004) 13 SCC Page 6 of 13 Downloaded on : Mon Jul 08 21:05:26 IST 2024 NEUTRAL CITATION C/FA/1652/2019 JUDGMENT DATED: 04/07/2024 undefined 224 : 2005 SCC (Cri) 148] wherein this Court held that :
Gujarat High Court Cites 14 - Cited by 0 - Full Document

New India Assurance Co.Ltd vs Induben,Wd/O Laljibhai Premabhai ... on 2 July, 2024

14. In view of the above discussion, these appeals are partly allowed. The impugned common judgment and award dated 28.12.2004 passed by the Motor Accident Claims Tribunal, Navsari in Motor Accident Claim Petition No.235 of 2002 and allied matters is modified to the extent that the insurance company shall first pay the amount of compensation awarded and it is for the insurance company to recover from the insured in view of the case of Shri Nanjappan (supra), if it so wishes.
Gujarat High Court Cites 13 - Cited by 0 - Full Document

National Insurance Co. Ltd vs Laliben Widow Of Galabhai Hirabhai ... on 8 July, 2024

14. So far as the recovery of the amount from the owner of the vehicle, the insurance company shall recover as held in the decision in Oriental Insurance Co. Ltd. v. Nanjappan [Oriental Insurance Co. Ltd. v. Nanjappan, (2004) 13 SCC Page 7 of 20 Downloaded on : Fri Jul 12 22:22:02 IST 2024 NEUTRAL CITATION C/FA/3741/2006 JUDGMENT DATED: 08/07/2024 undefined 224 : 2005 SCC (Cri) 148] wherein this Court held that :
Gujarat High Court Cites 23 - Cited by 0 - Full Document
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