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United India Insurance Co. Ltd. vs Lakshmi on 17 January, 1990 cites

M/S. United India Insurance Company, ... vs Imman Aminasab Nadaf And Others on 30 November, 1989

18. Now coming to the second, question, the learned Counsel for the appellants strenously contended that in view of the Full Bench Judgment in United India Insurance Co.. v. Aminasab Nadaf I.L.R. 1990 Kar. 16, the Tribunal could not have directed the appellants to pay compensation payable under Section 92-A of the Act without a prima facie finding that the risk was covered by the appellant. The learned Counsel relying on the said judgment, submitted that in view of the pleadings of the appellants that the vehicle as standing on the left side of the road and according to the appellants it was not in use and therefore even the provisions of Section 92-A was not attracted, it was obligatory on the part of the Tribunal to have recorded a finding that the risk was covered, as a condition procedent for making an award of compensation under Section 92-A. It is also the pica of the learned Counsel for the appellants that actually the accident occurred on account of the rash and negligent driving of the vehicle by the deceased, which was a moving vehicle and not on account of the rash and negligent driving of the vehicle No. ADC 437 as it was stationary.
Karnataka High Court Cites 12 - Cited by 39 - Full Document
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