Back
S. SUNIL DUTT YADAV, UMESH M ADIGA
Renuka Wd/o Satyappa Satyanaikar – Appellant
Versus
Lakkappa W/o Hanamant Mudennavar – Respondent
JUDGMENT :
Petitioners in MVC No.82/2016 on the file of the XI Additional District and Sessions Judge and Additional MACT, Belagavi have challenged the impugned judgment passed by the said court dated 05.12.2016 claiming enhancement of compensation so also to fix liability to pay compensation on respondent No.2.
2. It was the case of the appellants that on 22.10.2015 at about 1.00 p.m., deceased Satyappa along with petitioners were going in a motorcycle bearing No.KA22/EN5774 from Khanapur towards Nesargi. The rider of the motorcycle bearing KA24/S2598, rode his vehicle in rash and negligent manner and dashed against the motorcycle of the deceased, within the jurisdiction of Hanabarahatti village. Due to impact, Satyappa had sustained grievous injuries and succumbed to the injuries.
3. It is further contention of the petitioners that the deceased was aged about 30 years at the time of the accident, he was mason and earning Rs.600/per day as wages. Petitioners are wife and son of the deceased, were depending upon the earnings of the deceased. With these reasons petitioners have claimed compensation of Rs.40,00,000/- from respondent Nos.1 and 2.
4. Respondent No.2 denied all petition ave
The insurer is primarily liable to pay compensation to accident victims, with the right to recover from the vehicle owner, reinforcing the social welfare purpose of the Motor Vehicles Act.
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
The principle of pay and recover applies when an insurer is exonerated from liability due to violations of policy conditions, ensuring claimants receive compensation despite such breaches.
The 'pay and recover' principle remains operative against insurers in third-party claims even if terms of the insurance policy are breached, provided the existence of the insurance contract is establ....
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
