R. S. R. T. C. th. Managing Director, Jaipur vs. Shivji Ram Brahmin

Contract Act, 1872–Sec. 23–Suit for recovery of money–Dismissed–Justification–Bus was contracted with appellant–Condition no. 15 of agreement revealing that the appellant would not be liable in case of accident and he would be entitled for deducting such amount–View of trial Court that the agreement was against public policy–Not correct–When the respondent-owner can recover the amount of compensation first paid by him to the claimants under the Insurance Policy from the Insurance Company, then on same analogy, appellant is also entitled to recover the amount of claim initially paid by him to claimants–Conclusion drawn by trial Court cannot be sustained.