NEW INDIA ASSURANCE COMPANY LTD Vs. RAMBIR

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited takes exception to a judgment dated 13.03.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.3,43,414/- in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 03.04.2007, it declined to exonerate the Appellant of its liability in spite of the fact that it has successfully proved the breach of the terms of policy.

(2.) LEARNED counsel for the Appellant Insurance Company urges that question whether the Insurance Company has any liability at all to pay the compensation and later on recover it from the owner of the vehicle has been referred to a larger Bench in the case of National Insurance Company Limited v. Parvathneni, (2009) 8 SCC 785 and therefore, the Insurance Company could not have been made liable to pay the compensation.

(3.) THUS, the Appellant was only entitled to recovery rights which have been duly granted.