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1 - 2 of 2 (0.24 seconds)New India Assurance Co. Ltd. vs Naba Kumar Mondal And Anr. on 28 June, 2004
"In this case, so far the liability to pay the compensation is concerned,
the LA appearing on behalf of the opponent- insurance company has
vehemently argued that the vehicle involved in this case was hired by
the appellants from one Vipul Shah by fixing the rent, and therefore,
there being breach of policy, the insurance company is not liable. He
has relied upon the judgment in the case of New India Assurance
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Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Fri Nov 07 2025 Downloaded on : Fri Nov 07 20:39:42 IST 2025
NEUTRAL CITATION
C/FA/1690/2011 JUDGMENT DATED: 08/10/2025
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Company Limited Vs. Naba Kumar Mondal and another, 2006 ACJ
238, wherein the insurance company was not held liable in case of
vehicle hired by the victim. In the case on hand, the applicant no.2 has
also admitted in the cross-examination that they have hired the vehicle
by fixing the rent. And therefore, of course, I do agree with the principle
laid down in the cited authority, but, considering the facts of the case, it
would be just and proper to held liable both the opponent nos.1 and 2
at this stage, and the insurance company is at liberty to recover the
same from the owner of the vehicle."
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