Search Results Page
Search Results
1 - 10 of 16 (0.69 seconds)Section 185 in The Motor Vehicles Act, 1988 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Section 338 in The Indian Penal Code, 1860 [Entire Act]
Section 177 in The Motor Vehicles Act, 1988 [Entire Act]
Oriental Insurance Co. Ltd vs Brij Mohan & Ors on 15 May, 2007
"10. It is well settled law that the insurer is liable to
pay the third party and recover the same from the
insured even if there is breach of any condition
recognized under section 149(2), even if it is a
fundamental breach (that is, breach of condition which
SCCH-14 38 MVC.1894/2022 & 1895/2022
is the cause for the accident) and the insurer proves
the said breach in view of the mandate under section
149(1) of the Act. [See: National Insurance Co. Ltd., v.
Laxmi Narain Dhut, 2007 ACJ 721 (SC); Oriental
Insurance Co. Ltd., vs. Brij Mohan, 2007 ACJ 1909
(SC) and Shamanna v. Divisional Manager, Oriental
Insurance Co. Ltd., 2018 ACJ 2163 (SC) and Full
Bench decision of this court in New India Assurance
Co. Ltd., v. Yallavva, 2020 ACJ 2560 (Karnataka). In
the instant case, the driver of the offending Lorry was
driving the same in an intoxicated condition and in
violation of the terms and conditions contained in the
insurance policy. The Tribunal erred in exonerating the
insurance company from its liability to pay the
compensation. In view of the aforesaid legal principles,
the respondent No.2-insurance company is held liable
to pay the total amount of compensation to the
claimants at the first instance and recover the same
from the insured. To the aforesaid extent, the judgment
passed by the Claims Tribunal is modified."
New India Assurance Co., Ltd., vs Yallavva W/O Yamanappa Dharnakeri on 12 May, 2020
"10. It is well settled law that the insurer is liable to
pay the third party and recover the same from the
insured even if there is breach of any condition
recognized under section 149(2), even if it is a
fundamental breach (that is, breach of condition which
SCCH-14 38 MVC.1894/2022 & 1895/2022
is the cause for the accident) and the insurer proves
the said breach in view of the mandate under section
149(1) of the Act. [See: National Insurance Co. Ltd., v.
Laxmi Narain Dhut, 2007 ACJ 721 (SC); Oriental
Insurance Co. Ltd., vs. Brij Mohan, 2007 ACJ 1909
(SC) and Shamanna v. Divisional Manager, Oriental
Insurance Co. Ltd., 2018 ACJ 2163 (SC) and Full
Bench decision of this court in New India Assurance
Co. Ltd., v. Yallavva, 2020 ACJ 2560 (Karnataka). In
the instant case, the driver of the offending Lorry was
driving the same in an intoxicated condition and in
violation of the terms and conditions contained in the
insurance policy. The Tribunal erred in exonerating the
insurance company from its liability to pay the
compensation. In view of the aforesaid legal principles,
the respondent No.2-insurance company is held liable
to pay the total amount of compensation to the
claimants at the first instance and recover the same
from the insured. To the aforesaid extent, the judgment
passed by the Claims Tribunal is modified."