Legal Manager vs Mina Devi & Others
2022 Latest Caselaw 4763 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           M. A. No. 595 of 2017
        Legal Manager, Policy Servicing Office, National Insurance Co. Ltd.
                                                   ....      ..... Appellant
                                Versus
        Mina Devi & Others                         .... ...         Respondents
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

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For the Appellant : Mr. Debesh Chandra Ghosh, Advocate

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6/ 28.11.2022 It has been argued by learned counsel appearing for the insurance company-appellant that the insured vehicle has violated the terms and conditions of the policy, as the owner of the vehicle was not having a valid and effective permit on the date of accident and a finding to this effect has arrived at by the learned Tribunal in paragraph-9 of the judgment, but contrary to it, the award has been saddled with the insurance company. Learned counsel further submits that the learned Tribunal ought to have considered the same and in view of the clear violation of terms and conditions of policy, right of recovery ought to have been granted to the insurance company by way of pay and recover.

Since notice was already issued to respondent no.6, the owner of the vehicle, who has also appeared through Vakalatnama, no fresh notice is required to be issued. However, no one appears on behalf of the respondent no.6.

In order to give one more chance, put up this case after two weeks.

(Dr. S. N. Pathak, J.) R.Kr.