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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.P.SANDESH, T.M.NADAF
Bajaj Allianz, General Insurance Co. Ltd. – Appellant
Versus
Sharnamma, W/o Late Gopinath @ Gopalrao – Respondent
| Table of Content |
|---|
| 1. insurer questions tribunal’s judgment based on vehicle's owner liability. (Para 1 , 3) |
| 2. respondents argue insurance company knew driver lacked valid license. (Para 4) |
| 3. court discusses the premise of liability based on ex-parte status. (Para 5 , 6) |
| 4. court confirms married daughters qualify as dependents for compensation. (Para 8 , 9) |
JUDGMENT :
T.M.NADAF, J.
This appeal is filed by the insurer calling in question the judgment and award passed on 05.04.2023 in MVC No.426/2020, by Addl. Senior Civil Judge and JMFC, Bidar and MACT, Bidar on ground of liability and quantum.
2. Heard Sri Sudharshan M., learned counsel for appellant and Sri Basavaraj R Math, learned counsel for respondents No.1 to 6.
3. Sri Sudharshan M., learned counsel taking this Court through the judgment and award passed by tribunal would contend that owner of the vehicle remained ex-parte. Police have registered case against the driver of the offending vehicle invoking provisions of Section 181 of M.V. Act and Section 184 of M.V. Act against the owner of the offending vehicle. Owner of offending vehicle remained ex-parte and not challenged the provisions stated supra. The insurance company examined
Insurers can be held primarily liable for compensation in cases where vehicle owners remain ex-parte; married daughters are recognized as dependents for compensation calculations.
The liability of the insurance company in cases where the driver of the offending vehicle does not possess a valid driving license, as interpreted from Sec. 181 of the Motor Vehicles Act and legal pr....
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....
Insurers have a primary obligation to satisfy compensation claims, even when the driver lacks a valid license, ensuring third-party claimants are protected.
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.
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....
Occupants of a vehicle are not considered third parties under liability-only insurance policies, shifting the burden of compensation to the vehicle owner.
The main legal point established in the judgment is the burden of proof on the Insurance Company to establish that the deceased did not possess a valid driving licence and the application of the prin....
The court ruled that an expired driving license does not constitute a breach of insurance policy conditions, and deductions for personal expenses in compensation calculations should respect establish....
In cases of vehicular accidents, actual income must be considered for compensation if evidenced; liability cannot shift from the insurer to the owner when the driver has a valid license.
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