O.I.Co.Ltd v. Ram Lakhan Keshri
Case brief
What is this about?
This Court disposed of an appeal by an Insurance Company against an award for motor accident compensation. Holding remand unnecessary based on precedent, the Court directed the insurer to deposit the remaining balance with interest to the claimants or attempt recovery from the vehicle owner.
What did the court decide?
appeal disposed; insured directed to deposit remaining compensation with interest before the Tribunal within eight weeks.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MACA No. 1002 of 2007
Misc. Case No. 1890 of 2007
- 25.09.2019 The misc. case has been filed for condonation of delay in filing the appeal.
Heard learned counsel for the parties.
Taking into consideration the submissions of learned counsel for the parties and the grounds stated in the petition, delay in filing the appeal is condoned subject to payment of cost of Rs.1,000/-(Rupees one thousand) to learned counsel for the respondent Nos.3 to 6, which is paid in Court.
The Misc. Case stands disposed of.
K.R. Mohapatra, J.
MACA No. 1002 of 2007
- 25.09.2019 It is submitted by Mr.M.Sinha, learned counsel for the appellant-Insurance Company that respondent Nos. 1 and 2 have died and their legal heirs are already on record as respondent Nos. 3 to 6. Hence, no substitution is required.
- So far as respondent No.7 is concerned, Mr.Sinha submits that taking into consideration the nature of grievance made in the appeal, notice to respondent No.7 may be dispensed for the time being.
Issues for consideration
3 issues framed by the court
Whether the insurer is liable to pay the remaining compensation despite the claim via an 'act only' private car policy.
Whether the matter should be remitted to the Tribunal for further examination or disposed of directly.
Whether the insurer is liable to pay compensation to occupants if no extra premium was paid.
Parties & counsel
- appellant
Appellant-Insurance Company
- respondent
Respondent Nos. 3 to 6
- respondent
Respondent No. 7
Coram
Case details
As recorded by the court registry
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