ORIENTAL INSURANCE CO LTD - Appellant(s) Versus PREMILABEN SUNDERBHAI & 7 - Defendant(s) ========================================================= Appearance :
MR KK NAIR for Appellant(s) : 1, None for Defendant(s) : 1, 1.2.7, 3, NOTICE SERVED for Defendant(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6 MR KR BRAHMBHATT for Defendant(s) : 1.2.8 DELETED for Defendant(s) :
2, ========================================================= CORAM :
HONOURABLE MR.JUSTICE KS JHAVERI Date : 29/06/2012 COMMON ORDER BELOW SPEAKING TO MINUTES Perused the speaking to minutes, earlier order dated 13.06.2012 below speaking to minutes as also para 6 of the common judgement dated 23.04.2012. Paragraph 6 of the judgement dated 23.04.2012 shall be read as under:
"6.
The Tribunal has failed to consider that there is a clear breach of the Policy and the vehicle which was registered as a private vehicle was used for carrying the passengers for hire and reward. In light of the aforesaid discussion, the impugned judgment and orders passed by the Tribunal cannot be sustained. The same are hereby set aside and quashed. No liability can be fastened on the appellant insurance company. The appeals of the appellant are allowed to this extent. The amount lying in deposit with the Tribunal shall be refunded to the insurance company with proportionate interest. However, it is clarified that if any amount has already been paid by the Insurance Company, it shall not be permissible for it to recover the same from the claimants. It is clarified that the appellant insurance company shall be at liberty to recover such from the insured. It is also clarified that if the claimants are entitled to recover the balance amount of the compensation awarded to them, they can recover the same from the estate of the owner."
The judgement dated 23.04.2012 stands modified accordingly. The rest of the judgement remains the same. Speaking to minutes stands disposed of accordingly.
(K.S.JHAVERI, J.) niru* Top