AI Structured Summary
Not yet generated for this judgment
Judgment
Anil Sharma
Arguments heard. Learned counsel for the appellant has submitted that M.A. No. 505/11, M.A. No. 497/11 and M.A. No. 498/11 to M.A.No. 504/11 have been filed against the same interim order involving the same incident and they have been disposed of vide order dated 08-11-2011 after hearing all the parties by relying over the judgment of this Court in the case of Oriental Insurance Company Ltd. Vs. Smt. Kantidevi and Others, and the judgment of Apex Court in the matter of Smt. Yallwwa and Others Vs. National Insurance Co. Ltd. and Another, with the following directions:
The impugned order dated 07/01/2011 passed in Claim Case No. 21/10 Claim Case No. 14/10, Claim Case No. 15/10, Claim Case No. 11/10, Claim Case No. 12/10, Claim Case No. 13/10, Claim Case No. 23/10, Claim Case No. 03/10 & Claim Case No. 20/10, is set aside.
The tribunal is directed to reconsider the defence raised by Insurance Company opposing the application u/s 140 of the Motor Vehicles Act of breach of policy condition in as much as, the offending vehicle being used without valid permit, after affording due and sufficient opportunity to all the parties concerned
The Insurance Company is entitled to refund of the amount of interim compensation if deposited.
The above said exercise be completed as expeditiously as possible.
No order as to costs.
Since this appeal also arises out of same interim order allowing the application u/s 140 of Motor Vehicles Act, 1988, therefore, this appeal is also disposed of with the following directions:
i. The impugned order dated 07/01/2011 passed in Claim Case No. 22/10 is set aside.
ii. The tribunal is directed to reconsider the defence raised by Insurance Company opposing the application u/s 140 of the Motor Vehicles Act of breach of policy condition in as much as, the offending vehicle being used without valid permit, after affording due and sufficient opportunity to all the parties concerned
iii. The Insurance Company is entitled to refund of the amount of interim compensation if deposited.
iv. The above said exercise be completed as expeditiously as possible.
v. No order as to costs.