AIR 2004 SUPREME COURT 4882 ::2004 AIR SCW 5301 ::(2004) 23 IndLD 393 ::(2004) 3 ACC 292 ::(2004) 2 WLC(SC)CVL 689 ::2005 (2) Civ LJ 383 ::(2005) 30 OCR 27 ::2005 SCC(Cri) 357 ::2004 (8) SCC 517 ::(2004) 3 RecCivR 569 ::(2004) 4 RecCivR 399 ::(2004) 8 Scale 90 ::2004 (3) ACJ 2094 ::(2005) 1 TAC 4 ::2004 (4) CurCC 61 ::(2004) 4 AllMR 1184 (SC) ::2004 (4) All WC 3369 ::2005 (1) CalLJ 93 ::(2004) 57 All LR 284 ::2004 (3) BLJR 1929 ::2004 BLJR 3 1929 ::2005 (123) Com Cas 327 ::2004 HRR 2 76 ::(2004) 4 ICC 138 ::2005 (1) ICC 173 ::2005 (1) MadLW 105 ::2004 (3) Ker LT 454 ::2004 (4) RajLW 578 ::(2004) 3 Pun LR 75 ::(2005) 1 Pun LR 102 ::(2005) 2 LandLR 236 ::2004 (2) UC 1369 ::2004 (4) LRI 1 ::2004 (7) Supreme 1 ::2004 (5) SLT 825 ::(2004) 22 AllIndCas 78 (SC) ::(2005) 1 JCR 41 (SC) ::(2004) 7 JT 519 (SC) ::2004 (9) SRJ 185 ::2004 (7) JT 519

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): Arijit Pasayat, C. K. Thakker , JJ

(A) Motor Vehicles Act (59 of 1988) , S.149(2)— Accident - Compensation - Denial of liability by insurer - Defences that are available - Plying of vehicle without valid permit - It amounts to infraction of law - Accident caused - Said defence would be available to insurer - Person without permit to ply vehicle cannot be placed at better pedestal vis-a-vis one who has permit, but has violated condition thereof - Insurer consequently would not be liable to pay compensation. A. A. O. No. 1646 of 1997, D/- 26-8-2002 (AP), Reversed. (Para 12) (B) Motor Vehicles Act (59 of 1988) , S.149— Accident compensation - Insurer proved to be not liable to pay compensation - However, considering beneficial object of Act, it would be proper for insurer to satisfy award, though in law it had no liability - For purpose of recovering amount paid from owner, insurer shall not be required to file a suit - It may initiate proceeding before Executing Court as if dispute between insurer and owner was subject-matter of determination before Tribunal and issue is decided against owner and in favour of insurer. (Para 13) .....