The Branch Manager The Oriental Insurance Company Ltd. Reprr Thr Its Sr Divisional Branch Manager v. Janardan Mondal Represented Through His Wife Geeta Mondal And Anr.
Motor Vehicles Act, 1988 – Insurance appeal
Case brief
What is this about?
M.A. No. 315 of 2016, Jharkhand High Court (Ranchi), decided 08.04.2025 by Gautam Kumar Choudhary, J. — The Oriental Insurance Co. Ltd. v. Janardan Mondal & Ors. — Fundamental breach of insurance policy, Section 149(2) MV Act; private car policy; vehicle hired to Lead Bank Office, State Bank of India, Jamtara at Rs. 6,500/- per month; commercial user; pay and recover; right of recovery against owner; M.A.C.T. Case No. 14/2011; award Rs. 7,02,513/- with 8% interest under Section 166 MV Act; vehicle No. JH 15B-7100; ex parte hearing against owner; precedents noted: Eshwarappa (2010) 8 SCC 620, Indra Devi (2010) 13 SCC 249, Premlata Shukla (2007) 13 SCC 476.
What did the court decide?
Miscellaneous Appeal disposed of: insurer to make full and final payment of the awarded compensation to the Tribunal within a month for disbursement to the claimants, with a right of recovery against the owner of the vehicle; statutory amount to be remitted to the Tribunal. Pending I.A., if any, disposed of.