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 : 13/06/2012 COMMON ORDER BELOW NOTE FOR SPEAKING TO MINUTES Perused the note for speaking to minutes. Para 6 of the order 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 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 order dated 23.04.2012 stands modified accordingly. The rest of the order remains the same. The note stands disposed of accordingly.
[K.S.
JHAVERI, J.] /phalguni/ Top