AMUDHAVALLI Vs. HDFC ERGO GENERAL INS. CO.

JUDGEMENT

(1.) The issue agitated here is that which comes up frequently before this Court; on the question of 'pay and recover', the appellants before this Court being either the claimants or the owner of the offending vehicle, depending upon whether the amounts were paid by the insurance company or not. In the instant case, the claimants who have not received the award amounts are before this Court.

(2.) The Tribunal made the award after computing the compensation for the death of the husband of the first petitioner and mulcted the liability on the insurance company, brushing aside the contention that the insured vehicle is a goods vehicle, and the deceased was a travelling passenger on fare. An appeal was filed before the High Court by the insurance company which resulted in the impugned judgment, which assailed both the quantum and the liability to indemnify the insured, the latter ground raised on the breach of conditions of policy, when the goods vehicle carried passengers on fare. The quantum as awarded by the Tribunal was confirmed by the High Court. However, the pay and recovery directed by the Tribunal was set aside.

(3.) Mr. Mohan Raj, learned counsel for the petitioners relied on two decisions of this Court in Manager, National Insurance Company Ltd. v. Saju P. Paul and Anr.,(2013) 2 SCC 41 and Shamanna and Another Vs. Divisional Manager, Oriental. Insurance Company Limited and Others,(2018) 9 SCC 650.