REGENT COMPUTRONICS PVT. LTD.

NEW INDIA ASSURANCE COMPANY LTD Appellant

V/S

YUVRAJ SHALIKRAM Respondents

Referred Judgements :-

MALLA PRAKASARAO VS. MALLA JANAKI AND ORS. [REFERRED TO]
TAMILNADU ELECTRICITY BOARD VS. N RAJU REDDIAR [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. BALJIT KAUR [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. BOMMITHI SUBBHAYAMMA [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. LAXMI NARAIN DHUT [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. MEENA VARIYAL [REFERRED TO]
KAMLESH VERMA VS. SUPERINTENDENT DISTRICT JAIL BANDA [REFERRED TO]
SUMAN ARJUN SHEGOKAR VS. PRASAD GOPALRAO CHIRKURI [REFERRED TO]
Oriental Fire and General Insurance Company VS. Sharada Tukaram Koli [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. BIJALABAI MARUTI DHARANGE [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. ANUBAI GOPICHAND THAKARE [REFERRED TO]
SHARAD YASHWANT JOSHI VS. MOHAMED YUSUF NASIRUDDIN [REFERRED TO]
TRADERS PVT LTD VS. SUNANDA WIDOW OF KRISHNA [REFERRED TO]

JUDGEMENT

(1.) The appellant is aggrieved by the award passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 338/1995 dated 27-4-2007.

(2.) The ground of challenge is a breach of condition of the policy. The breach of condition in the present case is that the vehicle was insured as a private vehicle, but was used for carrying passengers. According to the Insurance Company, therefore, it has no liability to pay the compensation. It is then urged that the liability to pay first and get reimbursed thereafter as decided in case of Baljit Kaur will not apply in view of latter two Judgments of this Court.

(3.) Learned Advocate for the appellant has relied upon the following Judgments in support of his contentions :-

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NEW INDIA ASSURANCE COMPANY LTD Vs. YUVRAJ SHALIKRAM

Referred Judgements :-

JUDGEMENT

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