NEW INDIA ASSURANCE CO LTD Vs. SHAILESH KURMI

JUDGEMENT

(1.) The appellant has filed this appeal being aggrieved by award dated 29.4.2014 passed by the Additional Motor Accident Claims Tribunal, Sagar in Case No.13/2013, wherein an award of Rs.2,50,000/- has been passed in favour of the claimants and an order has been passed against the appellant for paying the compensation and thereafter to recover it from the owners.

(2.) The learned counsel for the appellant submits that the only ground on which the award is sought to be assailed is the order of pay and recover passed by the Tribunal which is patently illegal as the Claims Tribunal has recorded a categorical finding regarding breach of policy.

(3.) Having heard the learned counsel for the appellant, it is observed that the present case is one of breach of policy and the Tribunal, by relying upon the decision rendered by the Supreme Court in the case of S. E. Appan Vs. United India Insurance Company Ltd.,2013 3 ACCD 1337, has passed an order of pay and recover.