The Oriental Insurance Co. Ltd. vs Smt. Savitri Devi And Others
2012 Latest Caselaw 1080 ALL

Citation : 2012 Latest Caselaw 1080 ALL
Judgement Date : 30 April, 2012

Allahabad High Court

The Oriental Insurance Co. Ltd. vs Smt. Savitri Devi And Others on 30 April, 2012

Bench: Rajes Kumar, Anil Kumar Sharma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1689 of 2012
 

 
Petitioner :- The Oriental Insurance Co. Ltd.
 
Respondent :- Smt. Savitri Devi And Others
 
Petitioner Counsel :- S.K. Mehrotra
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

Admit.

Issue notice to the respondents. The appellant may take steps to serve the respondents.

The contention of the appellant is that the owner of the vehicle has not submitted the fitness certificate therefore there was a breach of policy and as such the Insurance Company is not liable for the compensation. In the circumstances, in case if the claim of the appellant may be accepted, the appellant may only be entitled to recover the amount from the owner of the vehicle.

In view of the above, let the appellant may deposit the entire amount of compensation within six weeks and the claimants shall be entitled to withdraw the amount as per the order of the Tribunal. Any amount already deposited shall be given adjustment. The Registry is directed to remit the statutory amount to the concerned Tribunal within three weeks.

Order Date :- 30.4.2012