National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
7. The learned counsel for the First to Third Respondents submitted that the First to Third Respondents had obtained from the police, a photocopy of the Cover Note bearing No. 402264 (Ex.P-3) showing that the same has been issued in favour of the Fourth Respondent, and they could not be deprived of the compensation from the Appellant for no fault committed by them in this regard. It was further contended that the principle of pay and recover recognised by Hon'ble Supreme Court of India in National Insurance Co. Ltd vs Swaran Singh [(2004) 3 SCC 297] could be extended to the instant case as well and the Appellant could be made to pay the compensation awarded at the first instance and recover the same from the Fourth Respondent thereafter.