National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
NC: 2024:KHC:51083
MFA No. 6270 of 2021
C/W MFA NO. 4356 of 2022,
MFA NO. 4358 of 2022,
MFA NO. 4360 of 2022,
MFA NO. 4364 of 2022,
MFA NO. 4373 of 2022,
MFA NO. 4375 of 2022,
MFA NO. 4377 of 2022
AND MFA NO. 4379 of 2022
Company established the fact that the drivers were not
holding driving licence, then as per Sub-Sections (1), (4),
(7) of Section 149 of Motor Vehicle Act, the Insurance
Company as if the judgment debtor shall satisfy the claim
in respect of third parties and then recover the same from
the owner of the Maxi Cab. Accordingly, the order of pay
and recovery is made as per the principle of law laid down
by the Hon'ble Supreme Court in the cases of PAPPU
AND OTHERS Vs. VINOD KUMAR LAMBA AND
ANOTHER1; NATIONAL INSURANCE COMPANY
LIMITED VS. SWARAN SINGH AND OTHERS 2 and
also as per the full bench decision of this Court in the case
of NEW INDIA ASSURANCE COMPANY LIMITED VS.
YELLAVVA AND ANOTHER3. Accordingly, an order of pay
and recovery is made. To this extent, the judgment and
award passed by the Tribunal is modified. Hence, both the
1
(2018) 3 SCC 208
2
(2004) 3 SCC 297
3
2020 ACJ 2560