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Documents citing New India Ass. Co. Ltd vs Asha Rani & Ors on 3 December, 2002

The Oriental Insurance Cmpany Ltd. vs Smt. Tulsa And Others 7 on 17 June, 2022

11. Our view gets support from a recent decision of a three-Judge Bench of this Court in New India Assurance Co. Ltd. v. Asha Rani [(2003) 2 SCC 223 : 2003 SCC (Cri) 493 : (2002) 8 Supreme 594] in which it has been held that Satpal Singh case [(2000) 1 SCC 237 : 2000 SCC (Cri) 130] was not correctly decided. That being the position, the Tribunal and the High Court were not justified in holding that the insurer had the liability to satisfy the award."
Allahabad High Court Cites 34 - Cited by 0 - Full Document

M/S.Bajaj Allianz General Insurance ... vs Thangaponnu on 11 June, 2021

101. Thus, what emerges from the above discussion is that anorder, for pay and recovery can be made only where there is a breach of conditions of contract of insurance by the insured and not in the case where there is no liability at all that can be fastened on the Insurance Company in the light of the interpretation of the Hon’ble Supreme Court in the case of New India Assurance Co. Ltd., Vs Asha Rani and others, (2003) 2 SCC 223 and the decision in National Insurance Company Limited vs Baljit Kaur, (2004) 2 SCC 1. These decisions came to be followed by a Division Bench of this Court and in two cases which were passed by me. Therefore, the appeal filed by the Insurance Company deserves to be allowed.
Madras High Court Cites 46 - Cited by 0 - C Saravanan - Full Document

M/S.Bajaj Allianz General Insurance ... vs Thangaponnu on 11 June, 2021

101. Thus, what emerges from the above discussion is that anorder, for pay and recovery can be made only where there is a breach of conditions of contract of insurance by the insured and not in the case where there is no liability at all that can be fastened on the Insurance Company in the light of the interpretation of the Hon’ble Supreme Court in the case of New India Assurance Co. Ltd., Vs Asha Rani and others, (2003) 2 SCC 223 and the ____________ https://www.mhc.tn.gov.in/judis/ Page No 56 of 60 decision in National Insurance Company Limited vs Baljit Kaur, (2004) 2 SCC 1. These decisions came to be followed by a Division Bench of this Court and in two cases which were passed by me. Therefore, the appeal filed by the Insurance Company deserves to be allowed.
Madras High Court Cites 46 - Cited by 0 - C Saravanan - Full Document

The Branch Manager vs Mangri Devi on 4 March, 2022

In Asha Rani [New India Assurance Co. Ltd. v. Asha Rani, (2003) 2 SCC 223 : 2003 SCC (Cri) 493] it has been noticed that sub-clause (i) of clause (b) of sub-section (1) of Section 147 of the 1988 Act speaks of liability which may be incurred by the owner of a vehicle in respect of death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place. Furthermore, an owner of a passenger-carrying vehicle must pay premium for covering the risks of the passengers travelling in the vehicle.
Jharkhand High Court Cites 6 - Cited by 0 - G K Choudhary - Full Document

The Branch Manager vs Annaraya S/O Gurangouda Biradar Anr on 17 January, 2020

11 Per contra, before the Hon'ble Supreme Court, the insurance company also placed reliance on several earlier judgments of the Apex Court itself including the case of New India Assurance Co. Ltd. v. Asha Rani (2003) 2 SCC 223 in order to contend that the insurance company would not be liable to pay compensation in favour of a gratuitous passenger traveling in a goods vehicle. After having referred to and considered the rival contentions as well as the earlier judgments passed by it, the Apex Court came to the conclusion that notwithstanding the fact that the insurance company would not be liable to pay compensation in favour of the claimant 11 who is a gratuitous passenger traveling in a goods vehicle, the principle of 'pay and recover' has to be made applicable in such a case. Consequently, the Apex Court has held that by applying the said principle of 'pay and recover', the insurance company would have to pay the compensation to the claimant by reserving liberty in favour of the insurance company to recover the compensation from the owner of the offending vehicle. Applying the judgment of the Apex Court to the peculiar facts and circumstances of the present case, I deem it just and proper to apply the principle of 'pay and recover' to the facts of the instant case and thereby direct the insurance company to pay the compensation to the claimant and thereafter recover the same from the owner of the offending vehicle. Under these circumstances, the contention urged on behalf of the appellant - insurance company in the present appeal is devoid of merit. I am therefore of the considered opinion that it is necessary to direct the insurance company to pay the compensation in favour of the claimant by reserving liberty in favour of the 12 appellant - insurance company to recover the compensation amount paid by it from the owner of the offending vehicle. I do not find any ground to interfere in the impugned judgment and award passed by the Tribunal except modifying it to the extent indicated above by reserving liberty in favour of the insurance company to recover the compensation paid by it to the claimants from the owner of the offending vehicle.
Karnataka High Court Cites 13 - Cited by 0 - S R Kumar - Full Document
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