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New India Assurance Company Ltd vs Nathu Lal And Ors on 16 April, 2021 cites

National Insurance Co. Ltd vs V. Chinnamma & Ors on 25 August, 2004

In case of National Insurance Co. Ltd. (supra) cited by learned counsel for the appellant, the deceased was sitting in the trailer which was attached to the tractor; and the tractor was only insured for agriculture purposes, not for commercial purpose, (Downloaded on 20/04/2021 at 08:13:17 PM) (7 of 7) [CMA-645/2001] therefore, no liability was fastened on Insurer where as in the present case deceased was sitting on the rear side on the bonut (mudguard) of the tractor and as per the cover note (Ex.9) of insurance policy, tractor was insured for both agricultural and commercial purpose. Also in cover note, it is mentioned that the risk of only one person, i.e., driver is covered by Insurance policy and the deceased was the person other than the driver who was sitting on the bonut (mudguard) of the tractor. Therefore, it is violation of the policy condition and Insurance company is not ultimately liable but it does not mean that the insurer did not have initial liability at all.
Supreme Court of India Cites 15 - Cited by 185 - S B Sinha - Full Document

National Insurance Company Limited vs Swarna Kaur Sokhi And Ors. on 21 June, 2004

The settled practice, which has now virtually cystallized into a law and in the consistent view taken in that regard by the Hon'ble Supreme Court in cases of National Insurance Company Ltd. Vs. Swarna Singh & Ors., reported in (2004) 3 SCC 297 , Mangla Ram Vs. Oriental Insurance Company Ltd. reported in (2018) 5 SCC 656 and Shivaraj Vs. Rajendra & ors. reported in (2018) 10 SCC 432. This appeal deserves to be partly allowed and disposed of with a direction to the appellant Insurance Company to first make payment of the entire amount of compensation and then to recover the same from the owner of the offending vehicle (Respondent no.4) in accordance with law.
Bombay High Court Cites 14 - Cited by 37 - Full Document

Mangla Ram vs The Oriental Insurance Company Ltd on 6 April, 2018

The settled practice, which has now virtually cystallized into a law and in the consistent view taken in that regard by the Hon'ble Supreme Court in cases of National Insurance Company Ltd. Vs. Swarna Singh & Ors., reported in (2004) 3 SCC 297 , Mangla Ram Vs. Oriental Insurance Company Ltd. reported in (2018) 5 SCC 656 and Shivaraj Vs. Rajendra & ors. reported in (2018) 10 SCC 432. This appeal deserves to be partly allowed and disposed of with a direction to the appellant Insurance Company to first make payment of the entire amount of compensation and then to recover the same from the owner of the offending vehicle (Respondent no.4) in accordance with law.
Supreme Court of India Cites 27 - Cited by 736 - A M Khanwilkar - Full Document

M/S Scc Projects Pvt. Limited vs The State Of Madhya Pradesh Judgement ... on 18 September, 2013

The settled practice, which has now virtually cystallized into a law and in the consistent view taken in that regard by the Hon'ble Supreme Court in cases of National Insurance Company Ltd. Vs. Swarna Singh & Ors., reported in (2004) 3 SCC 297 , Mangla Ram Vs. Oriental Insurance Company Ltd. reported in (2018) 5 SCC 656 and Shivaraj Vs. Rajendra & ors. reported in (2018) 10 SCC 432. This appeal deserves to be partly allowed and disposed of with a direction to the appellant Insurance Company to first make payment of the entire amount of compensation and then to recover the same from the owner of the offending vehicle (Respondent no.4) in accordance with law.
Madhya Pradesh High Court Cites 1 - Cited by 2 - Full Document
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