Civil Application No. 2204 of 2003 · Bombay High Court
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 166
Key paragraphs
- Para 33. Even if the Applicant succeeds in the Appeal, The Award against the insured will remain. In the event of success of the Appellant in the Appeal, the Applicant-Insurance Company can always recover the amount from the insured by taking out appropriate proceedings. Hence, no…
Judgment
...1... THE HIGH COURT OF JUDICATURE AT BOMBAY INININ THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL FARAD CONTINUATION SHEET CONTINUATION SHEET FARAD CONTINUATION SHEET FARAD APPLICATION NO.2204 OF 2003 CIVIL APPLICATION NO.2204 OF 2003 CIVIL APPLICATION NO.2204 OF 2003 CIVIL APPEAL ST.NO.17088 OF 2003 FIRST APPEAL ST.NO.17088 OF 2003 FIRST APPEAL ST.NO.17088 OF 2003 FIRST INININ ............................................................. Office Notes, Office memorandum of Coram, appearances, Court’s orders or directions & Registrar’s orders. ............................................................. Court’s or Judge’s orders A.S.OKA, J. CORAM: A.S.OKA, J. CORAM: A.S.OKA, J. CORAM: JUNE 7, 2006. DATED: JUNE 7, 2006. DATED: JUNE 7, 2006. DATED: P.C.: P.C.: P.C.:
Rule. Advocates for the Respondents waive service. Taken up for hearing forthwith.
The Applicant-Insurance Company has preferred this Appeal for challenging the impugned Judgment and Award passed under Section 166 of the Motor Vehicles Act,
1988. The Applicant-Insurance Company is the insurer of the vehicle involved in the Accident. The case of the Applicant-Insurance Company in the Appeal is that there was a breach committed by the insured of the terms and conditions of the policy of the insurance and therefore, the Applicant-Insurance Company is not ...2... liable to satisfy the Award which is made against the insured.
Even if the Applicant succeeds in the Appeal, The Award against the insured will remain. In the event of success of the Appellant in the Appeal, the Applicant-Insurance Company can always recover the amount from the insured by taking out appropriate proceedings. Hence, no case is made out for grant of stay. Hence, Application is rejected.
It is made clear that the payment of amount of compensation by the Applicant and withdrawal thereof by the original Claimant will be subject to final outcome
Questions this judgment answers
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 166.
Which court decided this case, and when?
Bombay High Court, on 07 Jun 2006. The bench was A S OKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.