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Sri. Basavaraja Beerappa Kambali vs The Cholamandalam Ms General Insurance ... on 2 December, 2022
cites
The Motor Vehicles Act, 1988
New India Assurance Co., Ltd., vs Yallavva W/O Yamanappa Dharnakeri on 12 May, 2020
4. The learned counsel would contend that the Full
Bench of this Court in the case of NEW INDIA ASSURANCE
CO. LTD. v. YALLAVVA AND ANOTHER passed in
M.F.A.No.30131/2010 dated 12.05.2020, while answering the
questions referred held that, the Insurer is liable to pay the third
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party and recover from the insured even if there is breach of any
condition recognized under Section 149(2), even if it is a
fundamental breach (that is breach of condition which is the
cause for the accident) and the insurer proves the said breach in
view of the mandate under Section 149(1) of the Act. But, no
such order can be passed against the insurer, if, on the facts and
circumstances of a case, a finding is given by the court that the
third party (injured or deceased) had played any fraud or was in
collusion with the insured, individually or collectively, for a
wrongful gain to themselves or cause wrongful loss to the
insurer. The Court can also fasten the absolute liability on the
insurer, if there is any breach of condition which is enumerated
under Section 149(2) of the Act or any other condition of the
policy if the Insurance Company has waived breach of any such
condition or has taken the special responsibility to pay by
collecting extra premium by covering any type of risk depending
upon facts of each case.
Oriental Insurance Co. Ltd vs Smt. Raj Kumari & Ors on 14 November, 2007
18. The Division Bench of this Court in the case of
ORIENTAL INSURANCE COMPANY LIMITED v. SMT.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Sri Raja Lingaiah vs Sri Manju @ Manja on 11 July, 2014
This Court in the case of Raja Lingaiah
(supra), held that the Insurance Company having received the
premium for one year cannot contend that it is not liable to pay
the compensation, more particularly when the claim is made by
a third party.
United India Insurance Company Limited vs Valli on 13 June, 2007
The Madras High Court in the case of VALLI (supra)
held that the Insurance Company is bound to pay the claimants
and to recover the same from the owner. Hence point (ii) is
answered accordingly that the Insurance Company has to
indemnify the claimant and recover the same from the insured.
Point No.(iii):
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