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New vs Mashrubhai on 14 November, 2011 cites

New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001

14. It is also necessary to have a look on the case of New India Assurance Co. Ltd. Vs. Asha Rani & others reported in 2003(2) GLR 1001. In this case also, it was held that if the injured or the deceased is travelling in the goods vehicle then looking to the terms and conditions of the policy, if the passenger dies or sustains injury during the course of the accident as the risk of such passengers is not included in the policy, the insurance company is not liable for the payment of compensation to the claimants. This law point has been discussed very lucidly and elaborately in para 9 of this case which is as under :-
Supreme Court of India Cites 13 - Cited by 935 - Full Document

Sri Pramod Kumar Agrawal And Anr vs Smt. Mushtari Begum And Ors on 18 August, 2004

19. But, in view of the pronouncements of the Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. Vs. Kamla & others reported in 2002(1) GLR page 916 and in view of the observations made in the case of Pramod Kumar Agrawal & Another Vs. Mushtrai Begum & Others reported in 2004 ACJ page 1903, the insurance company is supposed to pay the amount of compensation to such third party and can recover such amount of compensation from the owner of the vehicle and for that recovery, the insurance company is not supposed to file any separate suit but award passed in the claim petition can be treated award as if it was passed in favour of the insurance company and against the owner of the vehicle and thus, insurance company can recover the paid amount of compensation from the owner of the vehicle.
Supreme Court of India Cites 6 - Cited by 117 - A Pasayat - Full Document

New India Assurance Co. Ltd., Jodhpur vs Mst. Kamla And Ors. on 17 August, 2001

19. But, in view of the pronouncements of the Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. Vs. Kamla & others reported in 2002(1) GLR page 916 and in view of the observations made in the case of Pramod Kumar Agrawal & Another Vs. Mushtrai Begum & Others reported in 2004 ACJ page 1903, the insurance company is supposed to pay the amount of compensation to such third party and can recover such amount of compensation from the owner of the vehicle and for that recovery, the insurance company is not supposed to file any separate suit but award passed in the claim petition can be treated award as if it was passed in favour of the insurance company and against the owner of the vehicle and thus, insurance company can recover the paid amount of compensation from the owner of the vehicle.
Rajasthan High Court - Jaipur Cites 13 - Cited by 25 - H R Panwar - Full Document
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