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Basavaraja Beerappa Kambali, S/O Beerappa – Appellant
Versus
Cholamandalam Ms General Insurance Company Ltd. – Respondent
JUDGMENT :
This appeal is filed challenging the judgment and award dated 20.04.2013, passed in M.V.C.No.717/2011, on the file of the I Additional Senior Civil Judge, MACT-V, Davanagere (‘the Tribunal’ for short) praying to modify the judgment and award.
2. The factual matrix of the case of the claimant before the Tribunal is that in an accident he had sustained the injuries on account of rash and negligent driving of the motor vehicle insured with respondent No.1 and the Tribunal awarded compensation of amount of Rs.2,88,000/- with interest at the rate of 7% per annum. Being aggrieved by the same, the claimant is in appeal before this Court.
3. The learned counsel for the appellant would vehemently contend that the Tribunal has committed an error in taking the income of the appellant as Rs.4,000/-per month instead of Rs.6,501/-per month, as the appellant was drawing monthly salary of Rs.6,501/-by working in BSS Micro Finance Pvt. Ltd., Kondajji Road, Davanagere. The Tribunal committed an error in awarding lesser compensation under the head future loss of income. The Tribunal committed an error in not awarding any amount under the head future medical expenses and incidental expenses. T
Point of Law : Insurance Company is bound to pay claimants and to recover the same from owner - Hence point (ii) is answered accordingly that Insurance Company has to indemnify the claimant and recov....
Failure to prove breach of insurance policy terms and conditions relieves the Insurance Company of liability.
Insurance companies are liable to compensate accident victims even if the driver lacks a valid license, as per the Motor Vehicles Act.
Insurance companies cannot evade liability for compensation based on the driver's lack of a valid license or vehicle registration under the Motor Vehicles Act.
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the nature of injuries and disability, and the liability of the In....
The court modified the compensation for a minor's death, reassessing the notional income and applying a multiplier of 15, resulting in a total of Rs.4,90,000/- with interest.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
Insurers are statutorily liable to pay compensation to third parties despite breaches of policy conditions unless the insured's negligence is proven to be fundamental.
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