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1 - 4 of 4 (0.27 seconds)National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
12. Since the reference to the larger bench in Parvathneni case has been
disposed of by keeping the questions of law open to be decided in an
appropriate case, presently the decision in Swaran Singh case followed in
Laxmi Narain Dhut and other cases hold the field. The award passed by
the Tribunal directing the insurance company to pay the compensation
amount awarded to the claimants and thereafter, recover the same from
the owner of the vehicle in question, is in accordance with the judgment
1
(2018)9SCC650
2
(2004)3SCC297
4
passed by this Court in Swaran Singh and Laxmi Narain Dhut cases. While
so, in our view, the High Court ought not to have interfered with the award
passed by the Tribunal directing the first Respondent to pay and recover from
the owner of the vehicle. The impugned judgment of the High Court
exonerating the insurance company from its liability and directing the claimants
to recover the compensation from the owner of the vehicle is set aside and the
award passed by the Tribunal is restored."
National Insurance Co.Ltd vs Parvathneni & Anr on 31 August, 2009
12. Since the reference to the larger bench in Parvathneni case has been
disposed of by keeping the questions of law open to be decided in an
appropriate case, presently the decision in Swaran Singh case followed in
Laxmi Narain Dhut and other cases hold the field. The award passed by
the Tribunal directing the insurance company to pay the compensation
amount awarded to the claimants and thereafter, recover the same from
the owner of the vehicle in question, is in accordance with the judgment
1
(2018)9SCC650
2
(2004)3SCC297
4
passed by this Court in Swaran Singh and Laxmi Narain Dhut cases. While
so, in our view, the High Court ought not to have interfered with the award
passed by the Tribunal directing the first Respondent to pay and recover from
the owner of the vehicle. The impugned judgment of the High Court
exonerating the insurance company from its liability and directing the claimants
to recover the compensation from the owner of the vehicle is set aside and the
award passed by the Tribunal is restored."
Article 136 in Constitution of India [Constitution]
1