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C. M. POONACHA
M. R Basavanthappa – Appellant
Versus
Mallamma – Respondent
JUDGMENT :
C.M. Poonacha, J.
The present appeal is filed by the owner challenging the judgment and award dated 21.08.2012 passed in MVC.No.921/2010 by the II Additional Senior Civil Judge and VI Additional MACT, Davanagere.1 Hereinafter referred as 'Tribunal'
2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.
3. The Tribunal by this judgment and award dated 21.08.2012 has allowed the claim petition filed by the claimant and awarded compensation of a sum of Rs. 4,19,000/- together with interest at 6% per annum. However, the liability to pay the compensation has been fastened on the owner of the vehicle, who was Respondent No.2 before the Tribunal. Being aggrieved, the present appeal is filed by the owner.
4. The sole contention urged by the learned counsel for the appellant/owner is that the Tribunal has fastened the liability on the owner to pay the compensation, due to the fact that the vehicle was plying at the place, where he did not have permit to operate and hence it was held that there was violation of the permit condition and the Insurer was exonerated from the liability of payment of the compensation awarded. He further submits
The Insurer cannot evade liability for compensation due to permit violations that do not constitute a fundamental statutory infraction.
Insurance companies cannot avoid liability under Section 149 of the Motor Vehicles Act despite permit violations; the principle of pay and recover ensures claimants receive compensation first.
Liability of the insurance company in case of violation of R.T.O. rules and breach of permit conditions
The absence of a valid permit for a vehicle involved in an accident absolves the Insurance Company from liability for compensation under the Motor Vehicles Act.
The court established that liability for compensation lies primarily with the vehicle owner when an accident occurs outside the permit's authorized area, while allowing the Insurance Company to initi....
It is a well settled position of law that, even in respect of death of bachelor, multiplier has to be taken based on age of deceased.
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
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