If a question of fraud or misrepresentation arises by and between the insurer and the insured, the third party claimant is not concerned therewith. A vehicle is required to be compulsorily insured in terms of the provisions of the Motor Vehicles Act, 1988. Keeping in view the aforementioned provisions, we are of the opinion that the learned tribunal has committed an error in going into the issue raised by the respondent No. 1. In our opinion, if according to the respondent No. 1, the contract of insurance did not come into force on 18-2-1992 and the certificate of insurance was wrongly granted either by reason of any mistake or fraud committed by either of the parties or by its officers, the remedy of the respondent No. 1 may be to initiate a separate proceeding for realisation of the amount so paid by it from the owner of the vehicle, but keeping in view the letter and spirit of the Motor Vehicles Act, we are of the opinion that a third party claimant should not suffer therefore.
IN THE HIGH COURT OF CALCUTTA
Misc. Appeal No. 7 of 1995
Decided On: 31.07.1996
V. Ravi Vs. New India Assurance Company Ltd. and Ors.
Hon'ble Judges/Coram:
S.B. Sinha and S.K. Tiwari, JJ.
Author: S.B. Sinha, J.
Citation: MANU/WB/0032/1997, 1998ACJ598, AIR1997CAL242.
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