NCLAT: Can’t Set Aside Liquidation Order u/s 33 IBC When 3rd Party has Taken Possession of Property  ||  NCLAT: Unless Amendment Application Filed, Authority Can’t Suo Motu Amend Date of Default  ||  Delhi HC Directs Removal of 'Kindpan' Trademark in Petition Filed by ‘Mankind’  ||  J&K HC: Limitation for Challenging Award Starts after Signed Copy is Received by Party  ||  Delhi HC: ‘High Speed’ Not Sufficient to Conclude Driver Acted in Rash and Negligent Manner  ||  Allahabad HC: Huge Difference between Executing a Particular Document and Being a Witness  ||  Kerala HC: Can’t Consider Co-Opted Members of Bar Council as Separate Class from Elected Members  ||  J&K HC: Govt. Failing to Communicate Rejection of Detenue’s Representation in Time Vitiates Order  ||  SC: Electricity Act Empowers State Commissions to Regulate Open Access Within their Respective States  ||  SC: Limitation Begins from Date of Registration of Sale Deed that Constitutes Constructive Notice    

The Manager, HDFC Ergo General Insurance Co. Ltd. v. Kalpana and Ors. - (High Court of Bombay) (20 Aug 2015)

Breach of terms and conditions of motor vehicle insurance policy need not be considered at hearing for interim compensation

MANU/MH/1997/2015

Motor Vehicles

An insurer can plead an insurance contract to not be binding upon it at the final hearing to recover interim compensation from the driver/owner of the offending motor vehicle, but not at a hearing for interim compensation on a no-fault basis. In the instant case the insurer had appealed against a decision holding it jointly liable to pay interim compensation, and its claim that there existed no privity of contract with the driver of the offending vehicle was not considered. Noting that interim compensation served the social purpose of providing assistance to victims of vehicular accidents, the Court held that claimants did not need to plead and prove liability of the insurer and owner of the offending motor vehicle in strict accordance with the law. The insurer, after making the interim payment could recover the amount by way of compensation at interim stage from the owner of vehicle responsible for the accident.

Relevant : Section 140 Motor Vehicles Act, 1988 Act Yallwwa (Smt.) and Others vs. National Insurance Company Ltd. and another MANU/SC/7662/2007 Oriental Insurance Ltd. vs. Mohiuddin Kureshi MANU/BH/0056/1993 Oriental Insurance Co. Ltd. vs. Nargis Premlal Janghade and Others MANU/MH/1399/2009

Tags : MOTOR   INTERIM COMPENSATION   INSURER   PRIVITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved