NATIONAL INSURANCE CO LTD Vs. BHAGAT RAM MITTAL

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited in MAC APP.473/2007 seeks exoneration from its liability to pay the compensation of RS.1,79,774/- awarded in favour of the First Respondent Bhagat Ram Mittal, the Appellant in Cross Appeal, who suffered injuries in a motor accident which occurred on 31.01.2005.

(2.) BHAGAT Ram Mittal, the First Respondent in MAC APP.473/2007 and Appellant in MAC APP. 518/2012 seeks enhancement of compensation on the ground that the compensation awarded is inadequate.

(3.) AGAIN in United India Insurance Company Ltd. v. Lehru & Ors., (2003) 3 SCC 338, in para 18 of the report the Supreme Court referred to the decision in Skandia(supra), Sohan Lal Passi(supra) and Kamla(supra) and held that even where it is proved that there was a conscious or willful breach as provided under Section 149(2)(a) (ii) of the Motor Vehicle Act, the Insurance Company would still remain liable to the innocent third party but may recover the compensation paid from the insured. The relevant portion of the report is extracted hereunder: