Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4055 OF 2007
UNITED INDIA INSURANCE COMPANY LTD. Appellant(s)
:VERSUS:
BABU RAM THAKUR & ANR. Respondent(s)
O R D E R
1. Heard the learned counsel for the appellant.
2. This appeal is directed against the judgment
th
and order dated 19 April, 2006 passed by the
JUDGMENT
National Consumer Disputes Redressal Commission, New
Delhi in First Appeal No.206 of 1997.
3. Learned counsel appearing for the appellant
submits that this case is covered by a decision of
this Court in National Insurance Co. Ltd. Vs. Laxmi
Narain Dhut , (2007) 3 SCC 700. Learned counsel for
the appellant has relied upon paragraphs 36 to 38 of
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that judgment where it is mentioned that the
decision in National Insurance Co. Ltd. Vs. Swaran
Singh and Ors. , (2004) 3 SCC 297, has no application
to cases other than third-party risks. It is further
mentioned therein that in case of third-party risks
the insurer has to indemnify the amount, and if so
advised, to recover the same from the insured.
4. In view of the judgment of this Court in the
case of Laxmi Narain Dhut (supra), this appeal is
allowed. However, in the peculiar facts and
circumstances of this case, we direct that whatever
amount has been paid to the respondents by the
appellant, shall not be recovered from them.
JUDGMENT
.....................J
(DALVEER BHANDARI)
.....................J
(DIPAK MISRA)
New Delhi;
February 28, 2012.
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