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National Insurance Company Ltd. vs Smt. Pasmi Devi And Ors., Smt. Nirmala ... on 13 January, 2006
cites
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Oriental Insurance Company Ltd vs Devireddy Konda Reddy & ... on 24 January, 2003
In fact the Apex Court has repeatedly held so in a number of cases such as National Insurance Company Ltd. v. Baljit Kaur and Ors. ; National Insurance Company v. Chinnamma and Ors. ; National Insurance Company Ltd. v. Ajit Kumar and Ors. ; Oriental Insurance Company v. Devireddy Konda Reddy ; New India Assurance Co. Ltd. v. Asha Rani and Ors. (2003) 1 SCC 223.
New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
In fact the Apex Court has repeatedly held so in a number of cases such as National Insurance Company Ltd. v. Baljit Kaur and Ors. ; National Insurance Company v. Chinnamma and Ors. ; National Insurance Company Ltd. v. Ajit Kumar and Ors. ; Oriental Insurance Company v. Devireddy Konda Reddy ; New India Assurance Co. Ltd. v. Asha Rani and Ors. (2003) 1 SCC 223.
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
17. In view of the above discussion, these, two appeals being FAO Nos. 175 and 176 of 2003 filed by the Insurance Company are allowed and it is held that the Insurance Company was not liable. However, in view of the fact that the Insurance Company has already deposited the amount of compensation and also in view of the law laid down by the Apex Court in Baljeet Kaur's case (supra) that the judgment would have prospective effect while holding that the Insurance Company is not liable I direct that the Insurance Company shall satisfy the award but shall be entitled to recover the amount paid by it alongwith interest from the owner-insured by filing execution proceedings before the Motor Accident Claims Tribunal and shall not be required to file any other legal proceedings to establish its claim and the present judgment shall be taken to be the adjudication on the dispute between the insured and the insured. There will be no order as to costs.
National Insurance Co vs Prembai Patel And Others on 18 April, 2005
15. The Apex Court in National Insurance Co. Ltd. v. Prembai Patel and Ors. , while dealing with a similar question held as follows:
Section 146 in The Motor Vehicles Act, 1988 [Entire Act]
Smt. Bhimavva And Ors. vs Shankar @ Adya And Ors. on 14 August, 2003
13. A special five Judge Bench of the Karnataka High Court in Bhimavva and Ors. v. Shankar and Ors. 2003 ACJ 1829, while dealing with the question with regard to the liability of the employees of owner and insured in the context of Section 147(1) of the Act held as follows :
National Insurance Co. Ltd vs V. Chinnamma & Ors on 25 August, 2004
In fact the Apex Court has repeatedly held so in a number of cases such as National Insurance Company Ltd. v. Baljit Kaur and Ors. ; National Insurance Company v. Chinnamma and Ors. ; National Insurance Company Ltd. v. Ajit Kumar and Ors. ; Oriental Insurance Company v. Devireddy Konda Reddy ; New India Assurance Co. Ltd. v. Asha Rani and Ors. (2003) 1 SCC 223.