Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.MANMADHA RAO
Fathima Saira Banu W/o Dr. K. Adam – Appellant
Versus
Kashinath Mahadev Sankpal S/o Mahadev Shripat Sankpal – Respondent
| Table of Content |
|---|
| 1. factual context of the accident and claim (Para 1 , 2 , 3 , 4 , 5 , 6 , 9) |
| 2. court's reasoning on compensation and liability principles (Para 10 , 18) |
| 3. arguments regarding compensation and liability (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. pay and recover principle established by case law (Para 19) |
| 5. final order affirming modified compensation (Para 20) |
JUDGMENT :
K. MANMADHA RAO, J.
1. This appeal is filed by the appellant/claimant seeking to set aside the judgment and award dated 20.07.2017, on the file of the Principal District Judge, MACT, D.K. Mangaluru, passed in MVC No.283/2016.
2. The appellant herein is the claimant before the Tribunal, respondents No.1 and 2 herein are the Respondent No.1 is the owner and Respondent No.2 is the Insurance Company.
3. The facts leading to the filing of this appeal are that.
4. On 19.07.2015 at 1.30 p.m., when Mohammed Shamim, son of the petitioner was driving Honda City car bearing No.KA-19/ME-7482 by observing traffic rules, the driver of lorry bearing Reg.No.MH-11-AL-2915 came in a rash and negligent manner and dashed to the right side of petitioner’s car, as a result, the petitioner’s car was damaged. The petitioner is the
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.
The main legal point established in the judgment is that the insurance company can be held liable to pay compensation in cases where the claimant is injured while engaged in activities related to the....
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
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....
The Insurer cannot evade liability for compensation due to permit violations that do not constitute a fundamental statutory infraction.
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....
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
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
