IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.P.SANDESH, T.M.NADAF
Authorised Officer Shriram Gen. Ins. Co. Ltd., Represented By Authorised Signatory – Appellant
Versus
Parwathi, W/o. Late Mallinath @ Mallikarjun – Respondent
JUDGMENT :
H.P. SANDESH, J.
These two appeals are filed by the insurance company as well as the claimant as against the liability as well as the quantum against the judgment and award passed by the Tribunal in MVC No.946/2020.
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2. The factual matrix of the case is that the claimant before the trial Court while seeking relief of compensation invoking Section 166 of M.V.Act, contended that an accident was taken place on 24.08.2020 at 2.00 p.m. on account of death of one Sri. Shrishail S/o Late Mallinath @ Mallikarjuna. It is the case of petitioners that the son of the claimant had been to Kalaburagi on his motorcycle and while returning to his village met with an accident and Tipper bearing No.AP-15-TB-4656 which came from the opposite direction and dashed against him, as a result he succumbed to the injuries. It is a claim of the claimant that deceased was hail and healthy prior to the accident and he was earning Rs.25,000/- per month by doing Mason work. Hence made the claim for total compensation of Rs.47,86,000/-.
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3. In response to the claim petition, respondent No.1 appeared through an advocate, but has not filed objections. But insurance company filed the objection and took the co
National Insurance Company Limited v. Pranay Sethi and others
Insurance companies cannot avoid liability for claims simply due to policy breaches relating to driver qualifications unless they prove negligence by the insured.
Insurance liability can be exonerated if the vehicle was operated without a valid permit, leading to a pay and recovery order against the vehicle's owner.
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....
Insurance companies cannot evade liability if they fail to prove the driver's lack of a valid license and if the vehicle was insured.
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....
Liability for compensation lies with the insurer, as the deceased was not a gratuitous passenger but employed as a cleaner in the vehicle. The Tribunal's misclassification led to an unjust outcome.
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.
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.
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