MANJU LATA Vs. MAHIPAL SINGH

JUDGEMENT

(1.) Appellants-claimants have filed this appeal challenging the award dated 11.01.2017 passed by Motor Accident Claims Tribunal, whereby, Insurance Company was exonerated from its liability to indemnify the appellants.

(2.) Learned counsel for the appellants has submitted that the appellants had filed claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of death of Chagan Lal in the motor vehicle accident, which had occurred on 08.02.2014. Tribunal vide its award dated 11.01.2017 has allowed the claim petition filed by the claimants, but has exonerated the Insurance Company from its liability to indemnify the insured due to breach of terms of the insurance policy. Learned counsel has submitted that the only prayer in the present case raised by the claimants is that the Insurance Company should be directed to pay the amount of compensation to the claimants and liberty should be granted to the Insurance Company to recover the same from the insured. In support of his arguments, learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in Amrit Paul Singh and Another. Vs. Tata AIG General Insurance Company Limited and Others 2018 (7) Supreme Court Cases 558, wherein it was held as under:-

(3.) Learned counsel has next placed reliance on the decision of the Hon'ble Supreme Court in Pappu and Others Vs. Vinod Kumar Lamba and Others. (2018) 3 Supreme Court Cases 208, wherein, it was held as under:-