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1 - 8 of 8 (0.59 seconds)Section 150 in The Motor Vehicles Act, 1988 [Entire Act]
Section 5 in The Motor Vehicles Act, 1988 [Entire Act]
British India General Insurance Co., ... vs Captain Itbar Singh And Others on 11 May, 1959
In this regard, it would be appropriate to refer
to observation of Apex Court in British India General Insurance
https://www.mhc.tn.gov.in/judis
Co. Ltd., vs. Captain Itbar Singh and others reported in 1959 SCC
OnLine SC 32, which reads thus:
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
Section 4 in The Motor Vehicles Act, 1988 [Entire Act]
United India Insurance Company Ltd. By ... vs Muthulakshmi, Radhakrishnan And Star ... on 22 January, 2003
To grant stay of all further proceedings pursuant to the order passed in the
M.C.O.P. No. 49 of 2023 dated 07.11.2025 on the file of the Motor Accident Claims
Tribunal Cum Principal District Court, Tirunelveli pending disposal of hte appeal.
https://www.mhc.tn.gov.in/judis
ORDER
(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.)
The main issue that was canvassed by the learned counsel appearing for the
appellants is that there was a policy violation, wherein, the rider did not possess a valid
permit and in spite of the same, the Tribunal had proceeded to order pay and recovery. A
Division Bench of this Court in CMA.(MD).Nos.747 and 753 of 2025 dated 06.02.2026
has held that after coming into force of the amendment effective from 01.04.2022, the
Insurer is not liable to pay compensation in the case of policy violation and hence, pay
and recovery cannot be ordered. While passing this order, the Division Bench has not
taken note of the order passed by the learned Single Judge of this Court in the case of the
Branch Manager, SBI General Insurance Company Limited Vs. Muthulakshmi and
others reported in 2025 (1) TN MAC 597, wherein, the learned Single Judge has held as
follows:
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