The Oriental Insurance Co. Ltd. Vs Narayan and Another

HIGH COURT OF CHHATTiSGARH AT BILASPUR

MA. (C) No. 236/2007

Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. AppellanU The Oriental tnsurance Company Limited Non-Apoellant No, Malviya Nagar, Durg (CG) Through: Divisional Manager, Divisional Office, Malviya Nagar, Durg (CG) Versus Respondent? 1. Narayan Sfo Rajkumar Sahu Afiplicant Agedabout19years R/o Bhilai District Durg (CG) 2. Raju Prasad Tiwari Slo Lakhan Prasad Tiwari Aged about 30 years Rto Naya Para Ward No. 3 Balod District Durg (CG)

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Present: Shri Vipin Tiwari, learned counsel for the appellant.

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ORALORDER

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(Passed on 9th March, 2007)

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The foilowing oral order ws passed by Dilip Raosaheb Deshmukh, J.

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. Heard on I.A. No. 688ff007 for exemption from filing certified copy of order. Learned counsel for the appeilant submits that no order under Sedion 170 of the Motor Vehide Act was passed by ihe lairned M.A.C.T. Considered and ailowect.

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l-1eard on admission. It is not disputed that the Stetador tearing No. CG 07 C/1471 \ABS insured by the appellant on the date of accident. Learned M.A.C.T. held that there was a breach of policy since the vehide was being used for carrying passengers and therefore, granted right to the appellant/lnsurer to recover the amount of compensation paid by him to the owner. The breach not being fundamental in nature did not in any .manner contribute to the accident. The learned M.A.C.T. while imposing liability on the insurer to pay the compensation, has rightly given him the right to recover the same from the owner. 4. There is no merit in the appea! which is being dismissed at the stage of admission.

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DUip Raosaheb Deshmukh Judge

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Priya

The Oriental Insurance Co. Ltd. v. Narayan and Another

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The Oriental Insurance Co. Ltd. v. Narayan and Another

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