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1 - 8 of 8 (1.08 seconds)National Insurance Company Ltd vs Swarn Kaur And Ors on 18 December, 2018
In fact, we find that in none of the judgments
referred to viz., National Insurance Co. Ltd. Vs. Swarn
Singh & Ors. reported in (2004) 3 SCC 297, Mangla
Ram Vs. Oriental Insurance Co. Ltd. reported in
(2018) 5 SCC 656, Rani & Ors. Vs. National Insurance
Co. Ltd. & Ors. reported in 2018 (9) Scale 310 and
Manuara Khatun and Others Vs. Rajesh Kumar Singh
And Others reported in (2017) 4 SCC 796, the question
regarding the liability of the Insurance Company to
pay the compensation in respect of an unauthorized
passenger in the goods vehicle did arise for
consideration.
Mangla Ram vs The Oriental Insurance Company Ltd on 6 April, 2018
In fact, we find that in none of the judgments
referred to viz., National Insurance Co. Ltd. Vs. Swarn
Singh & Ors. reported in (2004) 3 SCC 297, Mangla
Ram Vs. Oriental Insurance Co. Ltd. reported in
(2018) 5 SCC 656, Rani & Ors. Vs. National Insurance
Co. Ltd. & Ors. reported in 2018 (9) Scale 310 and
Manuara Khatun and Others Vs. Rajesh Kumar Singh
And Others reported in (2017) 4 SCC 796, the question
regarding the liability of the Insurance Company to
pay the compensation in respect of an unauthorized
passenger in the goods vehicle did arise for
consideration.
Manuara Khatun & Ors vs Rajesh Kr. Singh & Ors on 21 February, 2017
In fact, we find that in none of the judgments
referred to viz., National Insurance Co. Ltd. Vs. Swarn
Singh & Ors. reported in (2004) 3 SCC 297, Mangla
Ram Vs. Oriental Insurance Co. Ltd. reported in
(2018) 5 SCC 656, Rani & Ors. Vs. National Insurance
Co. Ltd. & Ors. reported in 2018 (9) Scale 310 and
Manuara Khatun and Others Vs. Rajesh Kumar Singh
And Others reported in (2017) 4 SCC 796, the question
regarding the liability of the Insurance Company to
pay the compensation in respect of an unauthorized
passenger in the goods vehicle did arise for
consideration.
New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
We are therefore of the considered
opinion that the judgment of the two Judge bench in
https://www.mhc.tn.gov.in/judis/
13 of 17
CMA No.3198 to 3205 of 2012
Shivaraj Vs. Rajendra and another referred to supra
cannot be taken as a precedent to conclude that the
Insurance Company would be liable to pay the
compensation even in respect of an unauthorized
passenger, in a goods vehicle, in the light of
categorical pronouncement of larger bench of the
Hon'ble Supreme Court in New India Assurance
Company Vs. Asha Rani and others and National
Insurance Company Ltd., Vs. Baljit Kaur and others
referred to supra. We therefore conclude that the
Tribunal, in the case on hand, was not right in
directing the Insurance Company to pay the
compensation and giving it the liberty to recover the
same from the owner.
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
We are therefore of the considered
opinion that the judgment of the two Judge bench in
https://www.mhc.tn.gov.in/judis/
13 of 17
CMA No.3198 to 3205 of 2012
Shivaraj Vs. Rajendra and another referred to supra
cannot be taken as a precedent to conclude that the
Insurance Company would be liable to pay the
compensation even in respect of an unauthorized
passenger, in a goods vehicle, in the light of
categorical pronouncement of larger bench of the
Hon'ble Supreme Court in New India Assurance
Company Vs. Asha Rani and others and National
Insurance Company Ltd., Vs. Baljit Kaur and others
referred to supra. We therefore conclude that the
Tribunal, in the case on hand, was not right in
directing the Insurance Company to pay the
compensation and giving it the liberty to recover the
same from the owner.
Legal Manager L& T General Insurance Co. ... vs Anandi Sharma & Ors on 9 August, 2017
In support of his arguments, she relied upon a decision in
Bharathi Axa General Insurance Company Limited Vs. Anandi and
others in CMA 1529 to 1533 of 2015 dated 24.10.2018, wherein, a
Division Bench of this court, after analysing various judgments of the
Honourable Supreme Court has held thus.
The Motor Vehicles Act, 1988
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