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1 - 3 of 3 (0.16 seconds)National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
6. However, the deceased was third party to the
motor cycle as he was hit by motor cycle. Therefore, to
protect the interest of third party, an order of pay and
recovery is necessarily to be made. Hence, as per Sub-
section (2) of Section 149 of Motor Vehicle Act, when the
Insurance Company established the fact that the driver
was not holding driving licence, then as per Sub-sections
(1), (4), (7) of Section 149 of Motor Vehicle Act, the
Insurance Company as if the judgment debtor shall satisfy
the claim in respect of third parties and then recover the
same from the owner of the motor cycle. Accordingly, the
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MFA No. 786 of 2017
order of pay and recovery is made as per the principle of law
laid down by the Hon'ble Supreme Court in the cases of
PAPPU AND OTHERS -Vs- VINOD KUMAR LAMBA
AND ANOTHER1; NATIONAL INSURANCE
COMPANY LIMITED VS. SWARAN SINGH AND
OTHERS 2 and also as per the full bench decision of this
Court in the case of NEW INDIA ASSURANCE
COMPANY LIMITED VS. YELLAVVA AND ANOTHER3.
Hence, it is directed to the Insurance Company to pay
compensation at the first instance and then recover it from
the owner of the motor cycle. Liberty is reserved to the
Insurance Company to file execution petition against the
owner of the motor cycle and may seek for attachment of
movable and immovable property of the owner of motor
cycle for recovery of amount from the owner of motor
cycle.
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
9. The Tribunal has awarded compensation of
Rs.1,00,000/- towards loss of love and affection. The loss
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MFA No. 786 of 2017
of love and affection and loss of consortium are having the
same connotation. As per the judgment of the Hon'ble
Supreme Court in the case of Magma General Insurance
Co. Limited v. Nanu Ram & Others4, each claimants are
entitled for Rs.40,000/- with 10% escalation. Hence, in the
present case, there are two dependants. Therefore,
compensation of Rs.88,000/- (Rs.40,000/- x 2 dependants
+ 10% escalation) is awarded under the head loss of
consortium including loss of love and affection.
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