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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.Singh, Venkatesh Naik T.
Reliance General Insurance Co Ltd. – Appellant
Versus
Sameen Banu @ Sameena, W/O Late Saleem Pasha – Respondent
JUDGMENT :
VENKATESH NAIK T, J.
1. Heard learned counsel for the appellant and learned counsel for the respondents.
2. MFA.No.8389/2017 is filed by the Insurance Company challenging the judgment and award dated 05.08.2017 passed by the VIII Additional SCJ & XXXIII ACMM, Member, MACT, Bengaluru (for short, the Tribunal) in MVC.No.7055/2016 on the grounds of liability and the quantum of compensation awarded by the Tribunal. Whereas, MFA.CROB.No.150/2021 is filed by the claimants/cross objectors for enhancement of compensation being aggrieved by the judgment and award passed by the Tribunal.
3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.
4. Brief facts of the case are that, on 02.09.2016 at around 2.30 am, Saleem Pasha (hereinafter referred as 'deceased') and his friends were proceeding towards Murugamalla Dargha, near Chinthamani from Bengaluru in Tata Indica Car bearing Reg.No.KA-51-A-2605, when the said car reached near Gollapalligadda Village, Chinthamani-Murugamalla road, the driver of the above said Car driven the same with high speed in a rash and negligent manner in a curve and lost control over the vehicle and dashed against
An insurance company is liable to compensate third parties even if the driver had a fake license, unless it proves that the owner knowingly employed an unlicensed driver.
The court clarified appropriate assessments for disability and compensation in accident claims while underscoring the insurance liability principles under the Motor Vehicles Act.
Accident - Driving license - Validity of - Onus would shift on the insurance company only after owner of the offending vehicle pleads and proves the basic facts within his knowledge that the driver o....
The insurer's liability cannot be negated solely on the basis of an invalid driving license; proof of negligence by the insured is required.
Liability under insurance policies is determined by the driver's qualifications; enhanced compensation should account for proper income assessment and dependant loss.
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
Accident – Licence - Liability of insurance company – When liable - Claimants are entitled to revised compensation in amount of amount along with interest @ 7.5 per annum from date of filing of claim....
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 held that the insurance company must initially pay compensation for accidents involving breach of policy conditions before recovering amounts from the vehicle owner.
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