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New India Ass. Co. Ltd vs Asha Rani & Ors on 3 December, 2002

The inevitable conclusion, therefore, is that provisions of the Act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger traveling in a goods carriage and the insurer would have no liability therefor. Our view gets support from a decision of a three-Judge Bench in New India Assurance Co. Ltd. v. Asha Rani and Ors. (2003 (2) SCC 223) and Oriental Insurance Co. Ltd. v. Devireddy Konda Reddy and Ors. (2003 (2) SCC 339) Learned counsel for the respondents submitted that respondent No.1 should be permitted to avail such remedies as are available in law for recovering any amount to be paid as compensation from a person liable to pay compensation at the first instance. No permission is necessary for such purpose. If respondent No.1 has any remedy in law it is open to pursue it in accordance with law. The appeals are allowed by setting aside the judgment of the Tribunal and the High Court. There shall be no order as to costs.
Supreme Court of India Cites 18 - Cited by 245 - S B Sinha - Full Document

Oriental Insurance Company Ltd vs Devireddy Konda Reddy & ... on 24 January, 2003

The inevitable conclusion, therefore, is that provisions of the Act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger traveling in a goods carriage and the insurer would have no liability therefor. Our view gets support from a decision of a three-Judge Bench in New India Assurance Co. Ltd. v. Asha Rani and Ors. (2003 (2) SCC 223) and Oriental Insurance Co. Ltd. v. Devireddy Konda Reddy and Ors. (2003 (2) SCC 339) Learned counsel for the respondents submitted that respondent No.1 should be permitted to avail such remedies as are available in law for recovering any amount to be paid as compensation from a person liable to pay compensation at the first instance. No permission is necessary for such purpose. If respondent No.1 has any remedy in law it is open to pursue it in accordance with law. The appeals are allowed by setting aside the judgment of the Tribunal and the High Court. There shall be no order as to costs.
Supreme Court of India Cites 19 - Cited by 174 - A Pasayat - Full Document
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