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1 - 9 of 9 (0.33 seconds)Shamanna vs The Divisional Manager The Oriental ... on 8 August, 2018
In Shamanna (supra), the
Hon'ble Supreme Court held as under:
The Divisional Manager vs Minor.Rathika on 26 October, 2018
In support of his contention, learned counsel for the 2nd
respondent relied upon the judgments of the Hon'ble Supreme
Court in National Insurance Company Limited vs Swaran
Singh & others 2 and Shamanna V. Divisional Manager,
the Oriental Insurance Co. Ltd 3 and also the judgment of
the Madras High Court in DIVISIONAL MANAGER, NATIONAL
INSURANCE COMPANY LIMITED Vs. RATHIKA AND
OTHERS 4, wherein the Madras High Court held as follows :-
National Insurance Co.Ltd vs Parvathneni & Anr on 31 August, 2009
12. Since the reference to the larger bench in Parvathneni case
has been disposed of by keeping the questions of law open to
be decided in an appropriate case, presently the decision in
Swaran Singh case followed in Laxmi Narain Dhut and other
cases hold the field. The award passed by the Tribunal
directing the insurance company to pay the compensation
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amount awarded to the claimants and thereafter, recover the
same from the owner of the vehicle in question, is in
accordance with the judgment passed by this Court in Swaran
Singh and Laxmi Narain Dhut cases. While so, in our view, the
High Court ought not to have interfered with the award passed
by the Tribunal directing the first respondent to pay and
recover from the owner of the vehicle. The impugned judgment
of the High Court exonerating the insurance company from its
liability and directing the claimants to recover the
compensation from the owner of the vehicle is set aside and the
award passed by the Tribunal is restored.
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
12. Since the reference to the larger bench in Parvathneni case
has been disposed of by keeping the questions of law open to
be decided in an appropriate case, presently the decision in
Swaran Singh case followed in Laxmi Narain Dhut and other
cases hold the field. The award passed by the Tribunal
directing the insurance company to pay the compensation
9
amount awarded to the claimants and thereafter, recover the
same from the owner of the vehicle in question, is in
accordance with the judgment passed by this Court in Swaran
Singh and Laxmi Narain Dhut cases. While so, in our view, the
High Court ought not to have interfered with the award passed
by the Tribunal directing the first respondent to pay and
recover from the owner of the vehicle. The impugned judgment
of the High Court exonerating the insurance company from its
liability and directing the claimants to recover the
compensation from the owner of the vehicle is set aside and the
award passed by the Tribunal is restored.
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Oriental Insurance Co. Ltd vs Shri Nanjappan And Ors on 13 February, 2004
13. So far as the recovery of the amount from the owner of the
vehicle, the insurance company shall recover as held in the
decision in Oriental Insurance Co. Ltd. v. Nanjappan and
others (2004) 13 SCC 224 where this Court held that "....that
for the purpose of recovering the same from the insured, the
insurer shall not be required to file a suit. It may initiate a
proceeding before the concerned Executing Court as if the
dispute between the insurer and the owner was the subject
matter of determination before the Tribunal and the issue is
decided against the owner and in favour of the insurer."
The Oriental Insurance Co. Ltd vs Kamatchi .. 1St on 21 November, 2007
15. Learned counsel appearing for the 2nd respondent
also relied upon the judgment of the Madras High Court in
BRANCH MANAGER, ORIENTAL INSURANCE COMPANY
LIMITED, DHARMAPURI Vs. KAMATCHI AND OTHERS 5,
wherein the Madras High Court held as follows :-
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