New India Assurance Company Ltd. vs Diwakar S/O Daulatrao Rohankar And Ors. on 16 June, 2005
3. We have heard learned Counsel for the parties. Mr. Rajesh Pandey, the learned Counsel appearing for the appellant insurance company placing strong reliance on the judgment of the High Court of Bombay in the case of New India Assurance Co. Ltd. v. Diwakar , would contend that the M.A.C.T. having held rightly that the insurance company is under no legal obligation to pay compensation on the ground that there was breach of conditions of policy on the part of the owner of the motor vehicle involved in the accident, seriously erred in law in directing the insurance company to pay a compensation in the first instance to the claimants and then to recover the same from the owner of the motor vehicle.