SURESH KUMAR Vs. BHAWANI

JUDGEMENT

(1.) SINCE all these sixteen appeals arise out of the judgment dated January 10, 2003 of the learned Single Judge, they are taken up together for disposal.

(2.) IN the impugned judgment learned Single Judge held that amount of compensation will first be paid to the claimants by the insurance company and therefore the insurance company could recover the said amount from the vehicle owner. Being aggrieved with this finding, both vehicle owner and insurance company have preferred instant special appeals.

(3.) SINCE additional premium to cover third party risk was paid by the vehicle owner and the Insurance Company could not prove that breach of insurance police, on the part of vehicle owner, was wilful, the vehicle owner is entitled to claim indemnification from the Insurance Company. Case of Mallawwa vs. Oriental Insurance Co. (2), on which reliance is placed by the learned counsel for the Insurance Company, is distinguishable since the question arose for consideration in that case was `whether without any extra premium having been paid, the owner of a goods vehicle can claim indemnification from the insurer?