Court : Delhi
..... receipt which had been taken out.9. the appellant, after being served with the notice in the execution proceedings that were taken out by the insurance company maca4682015 page 4 of 7 to enforce the recovery rights, moved an application under order ix rule 13 cpc pleading primarily that it had no notice of the proceedings ..... written statement and for settlement of issues after passing an interim award under section 140 of the motor vehicles act, 1988 directing the insurance company to pay.6. the subsequent proceedings show that written statement was filed by the insurance company (third respondent before the tribunal). neither himmat singh, the person described as the driver, nor the ..... for further proceedings on 02.12.2011.3. on 29.10.2011, the claimants submitted a petition seeking compensation under section 166 of the motor vehicles act, 1988 impleading one himmat singh as first respondent describing him as the driver of the bus, this in addition to the appellant impleaded as second respondent .....
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..... on the claim of jalpac. 14. we may look at the meaning of the term double insurance . reference may be had to the marine insurance act, 1963 (hereinafter referred to as the act ). section 34 of the act defines double insurance and reads as follows: 34. double insurance. (1) where two or more policies are effected by or on behalf of the assured on ..... 000/-. when this matter came up for hearing on 30.6.2015 and 13.7.2015 it transpired that jalpac had been wound up in company petition no. 4/2012 which is now pending before the uttarakhand high court. notice was accordingly issued to the official liquidator of uttarakhand high court who entered appearance on behalf of jalpac ..... sum of rs. 5,50,91,864/- from the insurance company against loss/damage occurring in the machinery during the transit. the insurance premium of 1,24,949/- was paid on 23.7.2003. 4. the machinery arrived at the mumbai port on 5.8.2003. jalpac intimated the insurance company to inspect the goods and their condition since they .....
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..... entry and so, it is submitted that in the face of the evidence of the claimants, compensation under section 166 of the motor vehicles act, 1988 deserves to be granted.6. on the contrary, learned counsel for the respondent-insurer supports the impugned awards and submits that the claim petition under section 166 of the motor vehicles ..... act, 1988 is not maintainable.7. upon hearing and on perusal of the impugned awards and the evidence on record, i find that appellants/claimants ..... in their evidence have categorically deposed that the accident in question had taken place mac. apps. 582-83/2018 page 4 of 7 due to sole negligence of driver of the insured vehicle .....
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..... entry and so, it is submitted that in the face of the evidence of the claimants, compensation under section 166 of the motor vehicles act, 1988 deserves to be granted.6. on the contrary, learned counsel for the respondent-insurer supports the impugned awards and submits that the claim petition under section 166 of the motor vehicles ..... act, 1988 is not maintainable.7. upon hearing and on perusal of the impugned awards and the evidence on record, i find that appellants/claimants ..... in their evidence have categorically deposed that the accident in question had taken place mac. apps. 582-83/2018 page 4 of 7 due to sole negligence of driver of the insured vehicle .....
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..... in para 44 has held as under: 44. (ii) even when there is a willful breach of the terms of the policy under section 149 (2) (a) of the act, the insurance company is under obligation to indemnify the liability towards the third parties and recover the same from the owner. (iii) once the ..... to third parties, as in such cases the contract of insurance is non est. 9. in the case of national ..... that he was guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation to pay even .....
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..... of fulfilling the condition of the policy regarding use of vehicles by duly licensed driver or one who was not disqualified to drive at the relevant time. (iv) the insurance companies are, however, with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also ..... to pay even to third parties, as in such cases the contract of insurance is non est. 5. admittedly, recovery ..... guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation .....
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..... of fulfilling the condition of the policy regarding use of vehicles by duly licensed driver or one who was not disqualified to drive at the relevant time. (iv) the insurance companies are, however, with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also ..... pay even to third parties, as in such cases the contract of insurance is non est. 25. no doubt, the ..... guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149(2) (b) of the act, the insurance company would not be under obligation to .....
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..... plants by delhi government and in the face of additional evidence led, no permit is required for plying the insured vehicle and so, the liability to pay the compensation is of the insurer and not of the owner of the insured vehicle.4. on the other hand, learned counsel for claimants seeks enhancement of compensation on the ground that as per ..... plying for the purpose of watering of plants and for conservancy purpose in pursuance of contract awarded to the owner of insured vehicle and so, in view of sub-section 3(b) of section 66 of the motor vehicle act, 1988, the requirement of obtaining permit is dispensed with. in the light of additional evidence on record, the grant ..... decided by this common judgment. the facts as noted in opening paragraphs of the impugned award are as under:-" the present claim petition u/s166 and 140 motor vehicles act, 1988 has been filed by petitioners for claiming compensation for rs.1,00,00,000/- on account of death of sh. manoj sharma in an accident which took .....
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..... shyam and others (supra) related to a passenger bus, in which about 90 passengers were affected while it had mac.app. nos. 1139, 1140 & 1141/2018 page 4 of 9 insurance coverage of only 42 passengers. whereas in the present case, a goods vehicle was carrying cement bags to its consignee and the deceased were claimed to be the authorized ..... of determination before the tribunal and the issue is decided against the owner and in favour of the insurer. we have issued the aforementioned directions having regard to the scope and purport of section 168 of the motor vehicles act, 1988 in terms whereof it is not only entitled to determine the amount of claim as put forth ..... since there is no means of ascertaining who out of the overloaded passengers constitute the passengers covered by the insurance policy as permitted to be carried by the permit itself. as this court has indicated, the purpose of the act is to bring benefit to the third parties who are either injured or dead in an accident. it serves .....
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..... shyam and others (supra) related to a passenger bus, in which about 90 passengers were affected while it had mac.app. nos. 1139, 1140 & 1141/2018 page 4 of 9 insurance coverage of only 42 passengers. whereas in the present case, a goods vehicle was carrying cement bags to its consignee and the deceased were claimed to be the authorized ..... of determination before the tribunal and the issue is decided against the owner and in favour of the insurer. we have issued the aforementioned directions having regard to the scope and purport of section 168 of the motor vehicles act, 1988 in terms whereof it is not only entitled to determine the amount of claim as put forth ..... since there is no means of ascertaining who out of the overloaded passengers constitute the passengers covered by the insurance policy as permitted to be carried by the permit itself. as this court has indicated, the purpose of the act is to bring benefit to the third parties who are either injured or dead in an accident. it serves .....
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