Recovery right to Insurance Company

chandrashekharshah (Querist) 07 August 2010 This query is : Resolved
In Motor Accident Claims Case, the Tribunal awarded the Claim in favour of the Claimants and instructed that the same shall be deposited by the Insurance Company and after that would be recoverable by the Insurance Company from the Owner of vehicle.
In Motor Vehicle Act, there is no provision which provides to pass such type of orders by the Tribunal. But in many cases, the Hon'ble Supreme Court has passed such type of orders by exercising powers under Article 142 of Constitution of India.
My question is that whether the Tribunal and/or High Court can also exercise such powers?
Thanks you,
C.S.Shah

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Vinod Singh Tomar (Expert) 08 August 2010
Chapter X &XI of the Motor Vehicle Act is relevant to your question and you are requested to refer these chapters for clarification. Claim is presented U/S140,166 of the said Act and also U/S163 A of the said Act. If there is no violation of the terms and conditions of the insurance policy, Insurance Co. has to pay.

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