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1 - 10 of 23 (0.24 seconds)Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Article 142 in Constitution of India [Constitution]
The Insurance Act, 1938
National Insurance Co.Ltd vs Parvathneni & Anr on 31 August, 2009
In Parvathneni's Case (Supra) there was a situation of no insurance coverage for the vehicle on the date of accident and it was argued by insurance company that for this reason it is not liable to pay compensation. The High Court directed to pay compensation to the claimants with liberty to the insurance company to recover the same from the owner.
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
31. Learned counsel for the claimant-respondent further relying on the decision of (National Insurance Company Ltd Vs. Baljeet Kaur) reported in [(2004) 2 SCC Page 1], (National Insurance Company Ltd. Vs. Saju P. Paul & Anr.) reported in [(2013) 2 SCC 41] to argue that if an insurance company can prove that it does not have any liability to pay any amount in law to the claimant under Motor Vehicles Act or any other enactment, the Court can yet compel it to pay the amount in question giving it liberty to later on to recover the same from the owner of the vehicle. He further submits that a direction be given under Article 142 of the Constitution of India, elaborating the scope of Article 142.
Oriental Insurance Co. Ltd vs Sunita Rathi & Ors on 4 December, 1997
38. The learned M.A.C.T. was not justified, in directing the National Insurance Co. Ltd. to pay all the amount of compensation, to the motor accident claim petitioner, under the award passed against the owner of the offending vehicle, particularly, in the circumstances of the present case, there was no contract of insurance coverage existing between the Insurance Company and the owner of the offending motor vehicle, at the relevant date, when the accident occurred and the claimant's son was died therein. Furthermore, the learned Motor Accident Claims Tribunal misconstrued the beneficient scheme legislated with safeguard to the interest of Insurance Companies, under Section 147 and 149 of the Motor Vehicles Act, 1988, in cases where the Insurance Company and motor vehicle owner are under a contract of insurance coverage regarding risks to person or property of a third party, which may occur in use of motor vehicle in the absence of any established law, in situation of ''no contract of insurance coverage' at all, with the motor vehicle owner. Despite the established law given by Hon'ble the three judges Bench of the Apex Court in Oriental Insurance Company Ltd. Vs. Sunita Rathi and Ors. (Supra) (in cases of motor vehicle owner entering contract of insurance with insurance company, subsequent to the accident) that the liability will have to be of owner of the vehicle, the learned M.A.C.T was in error, in issuing direction to the appellant-The National Insurance Company Limited in the impugned award under appeal, to pay all the compensation awarded against the owners of the offending vehicle for and on their behalf to the claimant.
Manager, National Insurance Co.Ltd vs Saju P.Paul & Anr on 3 January, 2013
31. Learned counsel for the claimant-respondent further relying on the decision of (National Insurance Company Ltd Vs. Baljeet Kaur) reported in [(2004) 2 SCC Page 1], (National Insurance Company Ltd. Vs. Saju P. Paul & Anr.) reported in [(2013) 2 SCC 41] to argue that if an insurance company can prove that it does not have any liability to pay any amount in law to the claimant under Motor Vehicles Act or any other enactment, the Court can yet compel it to pay the amount in question giving it liberty to later on to recover the same from the owner of the vehicle. He further submits that a direction be given under Article 142 of the Constitution of India, elaborating the scope of Article 142.