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National Insurance Co. Ltd vs Kaushal Prasad Sahu And Ors. 127 ... on 11 January, 2018

2005 SCC (Cri) 357] should not be followed, more so in a peculiar fact situation of this case. In the present case, the accident occurred in 1993. At that time, the claimant was 28 years old. He is now about 48 years. The claimant was a driver on heavy vehicle and due to the accident he has been rendered permanently disabled. He has not been able to get compensation so far due to the stay order passed by this Court. He cannot be compelled to struggle further for recovery of the amount. The Insurance Company has already deposited the entire awarded amount pursuant to the order of this Court passed on 1-8-2011 [National Insurance Co. Ltd. v. Saju P. Paul [National Insurance Co. Ltd. v. Saju P. Paul, (2013) 2 SCC 41, 55 (footnote 14)] ] and the said amount has been invested in a fixed deposit account. Having regard to these peculiar facts of the case in hand, we are satisfied that the claimant (Respondent 1) may be allowed to withdraw the amount deposited by the Insurance Company before this Court along with accrued interest. The Insurance Company (the appellant) Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:25.01.2023 17:39:36 thereafter may recover the amount so paid from the owner (Respondent 2 herein).
Chattisgarh High Court Cites 1 - Cited by 22 - P S Koshy - Full Document

Manuara Khatun & Ors vs Rajesh Kr. Singh & Ors on 21 February, 2017

In this regard it may be useful to refer to a decision of the Apex Court in Manuara Khatun v. Rajesh Kr. Singh, (2017) 4 SCC 796 wherein, in similar circumstances, the Apex Court directed the insurer of the offending vehicle to pay the awarded sum to the claimant and then recover the same from the owner of the offending vehicle. Paragraphs13 to 16 of the aforesaid decision read as under:-
Supreme Court of India Cites 8 - Cited by 544 - A M Sapre - Full Document

National Ins. Co Ltd.,Laxmi Kanwar vs Laxmi Kanwar ,National Ins. Co Ltd., on 16 September, 2009

14. The aforesaid question, in our opinion, remains no more res integra. As we notice, it was the subject-matter of several decisions of this Court rendered by three-Judge Bench and two-Judge Bench in the past viz. National Insurance Co. Ltd. v. Baljit Kaur [National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 : 2004 SCC (Cri) 370] , National Insurance Co. Ltd. v. Challa Upendra Rao [National Insurance Co. Ltd. v. Challa Upendra Rao, (2004) 8 SCC 517 : 2005 SCC (Cri) 357] , National Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:25.01.2023 17:39:36 Insurance Co. Ltd. v. Kaushalaya Devi [National Insurance Co. Ltd. v. Kaushalaya Devi, (2008) 8 SCC 246 : (2008) 3 SCC (Cri) 467] , National Insurance Co. v. Roshan Lal [National Insurance Co. Ltd. v. Roshan Lal, (2017) 4 SCC 803] and National Insurance Co. Ltd. v. Parvathneni [National Insurance Co. Ltd. v. Parvathneni, (2009) 8 SCC 785 : (2009) 3 SCC (Civ) 568 : (2009) 3 SCC (Cri) 943]
State Consumer Disputes Redressal Commission Cites 0 - Cited by 10 - Full Document

Manager, National Insurance Co.Ltd vs Saju P.Paul & Anr on 3 January, 2013

16. R.M. Lodha, J. (as his Lordship then was and later became CJI) speaking for the Bench held in paras 20 and 26 as under : (Saju P. Paul case [National Insurance Co. Ltd. v. Saju P. Paul, (2013) 2 SCC 41 : (2013) 1 SCC (Civ) 968 : (2013) 1 SCC (Cri) 812 : (2013) 1 SCC (L&S) 399] , SCC pp. 52 & 55) "20. The next question that arises for consideration is whether in the peculiar facts of Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:25.01.2023 17:39:36 this case a direction could be issued to the Insurance Company to first satisfy the awarded amount in favour of the claimant and recover the same from the owner of the vehicle (Respondent 2 herein).
Supreme Court of India Cites 22 - Cited by 349 - R M Lodha - Full Document
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