Single bench oral order allowed the appellant insurance company's application for exemption from filing a certified copy of the order. The appellant's main appeal was dismissed at the stage of admission.
Exemption granted from filing certified copy of order; Principal appeal dismissed at stage of admission.
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HiGH COURT OF CHHATTISGARH AT BILASPUR
M.A. (C) No. 295/M07
Single Bench: Hon'bie Shri Dilip Raosaheb Deshmukh, J.
Apcellanti The Oriental Insurance Company Limited Non-Appellant No, Malviya Nagar, Durg (CG) Through: Divisional Manager, Divisional Office, Malviya Nagar, Durg (CG)
Versus
RespondenU Ditip Kumar S/o Kaluram ApDlicant Agedabout19years
R/o Bhilai District Durg (CG)
Raju Prasad Tiwari Slo Lakhan Prasad Aged about 30 years R/o Naya Para Ward No. 3 Balod District Durg (CG)
Present: Shri Vipin Tiviari, learned counsel for the appellant.
ORAL ORDER
(Passed on 9>h March, 2007)
The following oral orderwas passed by Dilip Raosah* Deshmukh, J.
3 Heard on admission. 11 is not disputed that the Matador bearing No. CG 07 C/1471 was insured by the appellant on the date of acddent. Leamed M.A.C.T. held thaf Ihere was a breach of policy since the vehicle was being used for carrying passengers and therefore, granted right to the appellant/lnsurer to recnver the amount of compensation paid by him to the owner. The breach not being fundamental in naiure did not in any manner contribute to the accident. The leamed M.A.C.T. while imposing liability on the insurerto pay the compensation, has rightly given him the right to recover {he same from the owner. 4. There is no merit in the appeal which is being dismissed at the siage of admission.
Sd/-
Dilip Raosaheb Deshmukh Judge
Priya
2 issues framed by the court
Whether the appeal against the M.A.C.T. order should be allowed in light of the alleged breach of policy.
Whether the breach of policy conditions materially contributed to the accident causing loss of coverage.
1 provisions across 1 enactments
The Oriental Insurance Company Limited
Ditip Kumar
Raju Prasad Tiwari
Slo Lakhan Prasad
Dilip Raosaheb Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
