Search Results Page
Search Results
1 - 5 of 5 (0.39 seconds)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 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
Shamanna vs The Divisional Manager The Oriental ... on 8 August, 2018
In Shamanna (supra) the Hon'ble
Supreme Court held as under:
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 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
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."
1