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1 - 10 of 11 (0.21 seconds)Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 158 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
New India Assurance Co., Ltd., vs Yallavva W/O Yamanappa Dharnakeri on 12 May, 2020
8. The learned counsel for the petitioner filed following
citation:-(1) 2020 ACJ 2560-New India Assurance co., Ltd
Vs Yallavva and another
Smt Mangala B R vs M/S The Oriental Insurance Co Ltd on 12 August, 2013
In addenda, in a claim for compensation
U/Sec.166 of M.V Act, 1988, the claimant has to prove the
incident only on preponderance of probabilities and proof
beyond reasonable doubt is not required as held by the
Hon'ble Apex Court in 'MANGALA RAM VS. ORIENTAL
INSURANCE COMPANY reported in (2018) 5 SCC 656.
With this observation issue No.1 is answered as 'In the
Affirmative'.
Pappu @ Manoj vs Vinod Kumar on 21 February, 2022
In this regard this court has relied on decision
reported in (2018) 3 Supreme Court cases 208 between
Pappu Vs Vinod Kumar wherein the Hon'ble Apex court
in para No.17 to 20 held that-
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
Doctrine of "pay
and recover" was considered by the Supreme Court in
Swaran Singh case wherein the Supreme Court examined
the liability of the insurance company in cases of breach of
policy condition due to disqualifications of the driver or
invalid driving licence of the driver and held that in case of
third party risks, the insurer has to indemnify the
compensation amount to the third party and the insurance
company may recover the same from the insured.
Elaborately considering the insurer's contractual liability as
well as statutory liability vis-a-vis the claims of third
SCCH-6 23 MVC.1867/2022
parties, the Supreme Court issued detailed guidelines as to
how and in what circumstances, "pay and recover" can be
ordered.
Section 134 in The Motor Vehicles Act, 1988 [Entire Act]
Mahaveer vs The Branch Manager United India ... on 3 April, 2019
2. Spl.Leave petition No.11757/2025 (SC) -Mahaveer
Vs The Branch Manager, United India Insurance co., Ltd.,
and others