Liability for payment in M.A.C.T. cases
Rahul Singh
(Querist) 01 February 2011
This query is : Resolved
In a motor vehicle case, the tribunal has held that there is breach of policy condition with respect to D/L as the driver was not having a valid D/L to drive the Veh. he was driving.But in reference to the Judgment of the Apex Court in Ishwar chand v/s Oriental Ins.Co.(AIR 2007 SC 1445),New India Ins.Co.v/s Laxminarayan(2007SCC(3)700)the tribunal has ordered for 'Pay & Recover'.
I wish to have a ruling of the S.C.to the fact that when D/L breach is proved then the tribunal can't order for 'Pay & Recover',more so when the Claimants are the passengers of the Veh.itself & not third parties.Also powers under Art.142 rest with the S.C. only & the tribunals.!
Ajay Gulati
(Expert) 02 February 2011
http://lobis.nic.in/dhc/RK/judgement/15-12-2010/RK10122010MACA3642004.pdf
N THE HIGH COURT OF DELHI
MAC. App. 364/2004 and CM No. 10393/2004
Decided On: 10.12.2010
National Insurance Company Ltd.
Vs.
Smt. Akhilesh and Ors.
copy the above link and paste in the url..
Ajay Gulati
(Expert) 02 February 2011
it may be beneficial for you..or check on the site of delhi high court
Rahul Singh
(Querist) 03 February 2011
Mr.Ajay Gulati-Kindly do me a favour by putting the full judgment or mail it to me .
email-rahulsinghnrs@gmail.com
Thanks.
Mr.Gulati, am still waiting for the judgment.Kindly send immdiately.
