NEW INDIA ASSURANCE CO. LTD. Vs. KALYAN KUSHWAH

JUDGEMENT

(1.) This Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been filed against the Award dated 25th October, 2018 passed by Motor Accident Claims Tribunal, Shivpuri in MACC No. 86/2017, by which the Claims Tribunal has held that the conditions of insurance policy have been violated and the Insurance Company has been exonerated but it has been directed that the compensation amount shall be paid by the Insurance Company, with liberty to recover the same. Thus, the Insurance Company has been made responsible to satisfy the Award on the ''pay and recover cases''.

(2.) Challenging the Award passed by the Claims Tribunal, it is submitted by the counsel for the appellant/ Insurance Company that once the Claims Tribunal has come to a conclusion that the the vehicle was being plied in violation of the conditions of insurance policy, then the Claims Tribunal should not have directed the Insurance Company to pay the compensation amount with liberty to recover the same.

(3.) The contentions made by the counsel for the appellant/ Insurance Company were not res integra.