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Mahesh Kumar And Ors. vs Munnalal And Ors. on 5 October, 1999

15. This argument of learned counsel for the respondent No. 4 cannot be accepted for the reasons mentioned in National Insurance Co. Ltd. v. Thaglu Singh 1995 ACJ 248 (MP). In this claim case itself it has not been mentioned by the appellants that Ravi Shankar had left behind any legal representatives. Therefore, respondent No. 4 cannot raise this argument by way of defence that respondent No. 4 is not liable. This argument can only be considered at the time of passing of the final award. That apart, this technical mistake can be corrected by the appellants during the course of trial. In these appeals, the appellants cannot deny their liabilities.
Madhya Pradesh High Court Cites 5 - Cited by 1 - Full Document

United India Insurance Co. Ltd. vs Kadviben Udabhai Rathwa And Anr. on 21 March, 2006

In Thaglu Singh case (supra) Division Bench of Madhya Pradesh High Court held that the defences available to the Insurance Company under Section 149(2) can be raised at the time of adjudicating claims under fault liability, otherwise it would frustrate the legislative object introducing the concept of no fault liability. In paragraph-14, Chief Justice U.L. Bhat speaking for the Bench said:
Gujarat High Court Cites 67 - Cited by 10 - Full Document

Runabai And Ors. vs Mannalal And Ors. on 13 August, 2002

6. The Division Bench of M.P. High Court in National Insurance Co. Ltd. v. Thaglu Singh 1995 ACJ 248 (MP), in a case of interim award for no fault liability, has held that the defence available to the insurance company under Section 149(2) can be raised at the time of adjudicating claims and not at the time of considering the application under Section 140 of the Act for grant of interim award under no fault liability. Otherwise, it would frustrate the legislative object in introducing the concept of no fault liability and has held as under:
Madhya Pradesh High Court Cites 15 - Cited by 0 - Full Document

Runabai And Ors. vs Mannalal And Ors. on 13 August, 2002

6. The Division Bench of M.P. High Court in National Insurance Co. Ltd. v. Thaglu Singh and Ors. reported in II , in a case of interim award for no fault liability, has held that the defence available to the Insurance Company under Section 149(2) can be raised at the time of adjudicating claims and not at the time of considering the application under Section 140 of the Act for grant of interim award under no fault liability. Otherwise, it would frustrate the legislative object in introducing the concept of no fault liability and has held as under:
Madhya Pradesh High Court Cites 13 - Cited by 0 - Full Document

Smt. Somvati vs Santlal Kushwah on 17 November, 2017

"4. ....................... It is not one of those cases where on the face of insurance policy no liability could be fastened on the insurance company. The claimants need immediate relief. The policy prima facie covers risk as per Section 147 of the Act. At the stage of decision of the application under Section 140 of the Act the plea of breach of the conditions of insurance policy could not be entertained by the Tribunal. This legal position has been settled by the Division Bench of this Court in National Insurance Company v. Thaglu Singh, 1994 MPLJ 663.
Madhya Pradesh High Court Cites 13 - Cited by 0 - Full Document

National Insurance Co. Ltd. vs Biniya Bai And Ors. on 17 November, 1999

Reference in that case was made to National Insurance Co. v. Smt. Savitri Bai and Ors. (1991 MPLJ 46) and National Insurance Company v. Thaglu Singh Vishwanath Gond and Ors. (1994 MPLJ 663), wherein it has been laid down that it is found that the insurer has no liability to pay the amount of compensation, Tribunal may issue appropriate direction for reimbursement of the amount from the owner of the vehicle.
Madhya Pradesh High Court Cites 13 - Cited by 1 - Full Document
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