Court : Patna
..... this miscellaneous appeal challenging the judgment and award passed by the additional motor accident claims tribunal, muzaffarpur, whereby the tribunal has awarded a compensation of rs. 1,87,200/- against the appellant-insurer as compensation to the claimant-respondent no. 1, after deducting a sum of rs. 50,000/- which was already paid along with interest at ..... who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(c) that the policy is void on the ground that it was obtained by the non-disclosure of ..... 1960]1scr168 has observed thus:to start with it is necessary to remember that apart from the statute an insurer has no right to be made a party to the action by the injured person against the insured causing the injury. sub-section (2) of section 96 however gives him the right to be made a party to the .....
Tag this Judgment!Court : Patna
..... accident involving that vehicle making the owner of the vehicle liable to pay compensation for bodily injury or death, etc., such liability of the owner is covered by the policy of insurance issued by the appellant-insurance company. therefore, the insurance company has to indemnify the owner insured of his liability even under section 140 of the act.8. mr. ..... 1) of section 149 of the act, the liability of the insurer is co-extensive with the liability of the owner of the insured vehicle involved in a road accident resulting in death of or bodily injuries to some persons. therefore, if the liability to pay compensation on the principle of no-fault liability can be validly fastened, ..... motor cycle; or the driver was not person authorised or had been disqualified for holding or obtaining a driving licence; or where the injury is caused or contributed to by conditions' of war, civil war, riot or civil commotion; or on the ground that the policy is void on the ground that it was obtained by the .....
Tag this Judgment!Court : Patna
..... appellant neither challenges the award on merits nor the quantum as such but it only attacks the principles evolved by the tribunal in granting the said compensation. according to him if the insurance company confines its argument only on statutory defence as contemplated under section 149(2) of the act, it is not required to take permission as ..... person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the nondisclosure of a ..... in mind the principles laid down by the supreme court and division bench i am of the view that though it is true that the insurance company cannot challenge the quantum of compensation on merits if it fails to seek a permission by filing an application before the tribunal as required under section 170, but the .....
Tag this Judgment!Court : Patna
..... judgment of the tribunal must fail. accordingly, these appeals shall stand dismissed with costs.26. let it be mentioned that, unfortunately, no amount of compensation is paid by the insurance company so far, except the statutory liability under the no fault liability provisions, as well as, liability under section 173(2) of the act. ..... has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non- ..... well as, two pillion riders were thrown of the motorcycle. the motorcyclist and his brother who was sitting on the pillion sustained fatal injuries, whereas another person sustained personal injuries.6. the heirs and legal representatives of the deceased motorcyclist and his brother filed the above mentioned two claim petitions. while in the .....
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