General Manager, Kerala S.R.T.C vs Susamma Thomas on 6 January, 1993
Having heard learned counsel for the parties, we
accept the finding recorded by the High Court that the
Insurer is not liable. However, regard being had to the
plight of the appellant, we intend to invoke the policy
of pay and recover. We, accordingly, direct the
respondent No.1 to deposit the amount, as directed by
the Tribunal, if not already deposited, before the
Tribunal within twelve weeks hence, which shall be
disbursed in favour of the appellant in accordance with
the law laid down in the case of General Manger, Kerala
CA 6379/2013
21
State Road Transport Corporation, Trivandrum v. Susamma
Thomas (Mrs.) & Ors., (1994) 2 SCC 176. Be it clarified
that we have invoked the policy of pay and recover in
exercise of our jurisdiction under Article 142 of the
Constitution of India and if any amount is paid under
the head of `No Fault Policy', the same shall be
recovered.