ORIENTAL INSURANCE CO. LTD. Vs. RAM KUMAR

JUDGEMENT

(1.) This civil revision under Sec. 115 of C.P.C. has been filed against award dtd. 27/02/2017 passed by MACT, Morena in Claim Case No.19/2015 by which the insurance company was exonerated on the ground that although, the offending jeep registered as private vehicle, but it was being used as taxi.

(2.) However, after applying the principle of pay and recover, a direction has been given to insurance company to deposit the compensation amount with liberty to recover the same from the owner. Thus, in nutshell, the only controversy involved in the present revision is as to whether the Claims Tribunal should have applied the principle of pay and recover or not?

(3.) This Court in the case of Cholamandalam MS General Insurance Company Ltd. Registered Office Hari Nivas Towers Vs. Munni Bai and others decided on 11/03/2025 in MA No.5819/2024 (Gwalior) has held as under: