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1 - 8 of 8 (0.24 seconds)The United India Insurance Co. Ltd vs S. Saravanan (Infirmity) on 12 June, 2009
Para 9 of the judgment of the Division Bench of this Court
in United India Insurance Company Limited .vs. S.Saravanan and another reported
in 2009(2) TN MAC 103(DB) is relevant for the purpose of the case which is
extracted hereunder:
National Insurance Co.Ltd vs Parvathneni & Anr on 31 August, 2009
25. Hence, I am not inclined to accede to the request of the appellant to
postpone the decision in this matter until a Larger Bench is constituted as per
the direction of the Honourable Apex Court in National Insurance Company
Limited .vs. Parvathneni and Another reported in 2009(2) TN MAC 241(SC), when
the matter is squarely covered under Swaran Singh's case and more particularly,
when the accident took place in the year 1996 before 14 years back.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Oriental Insurance Co. Ltd vs Shri Nanjappan And Ors on 13 February, 2004
In fact, the Insurance Company can directly proceed against the owner
of the vehicle by filing execution petition as held by the Honourable Apex Court
in Oriental Insurance Company Limited .vs. Nanjappan and others reported in
2004(2) CTC 464. Instead of directing the third parties to recover the
compensation from the owner of the vehicle, the Apex Court thought it fit to
direct the Insurance Company to pay the compensation at the first instance and
to recover the same from the owner of the vehicle directly, in case, wherein
Section 149(2)(a)(ii) is involved.
Section 3 in The Motor Vehicles Act, 1988 [Entire Act]
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
United India Insurance Co. Ltd. And ... vs Saradha, Sree Ganapathy Bus Service ... on 1 November, 2006
11. But, the learned counsel for the appellant submits that the pay and
recover principle could not be invoked in this case, in view of the decision of
the Honourable Apex Court in National Insurance Company Limited .vs. National
Insurance Company Limited .vs. Parvathneni and Another reported in 2009(2) TN
MAC 241(SC). According to him, when the Insurance Company is not liable to pay
the compensation, pay and recover principle should not be invoked. According to
him, the entire issue relating to the principle of pay and recover is to be
decided by a Larger Bench in the Apex Court and that this case should wait for
the final outcome of the decision of the Larger Bench.
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