Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M.ADIGA
Manager, Shriram Gic Ltd. – Appellant
Versus
Rajesh V., S/o. Venkatesh C. – Respondent
JUDGMENT :
UMESH M ADIGA, J.
1. Both the appeals arise out of common judgment and award dated 18.03.2021 passed by the Motor Accidents Claims Tribunal & XV Additional Judge, Court of Small Causes, Mayo Hall Unit, (SCCH-19), Bengaluru (for short `Tribunal'), in MVC No.-4457/2019, therefore they are taken up together for disposal. MFA.No.4362/2021 is filed by Insurer and MFA.No.6687/2022 is filed by the claimants.
2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.
3. Though appeals are slated for admission, with consent of learned advocates appearing for both the sides, they are taken up for final disposal.
4. The brief facts of the case are that, on 07.04.2019, at about 5.30 p.m., the petitioner was traveling in a car bearing registration No.KA-53/MA-9533 and when they reached near Nakkanahalli village, Nandagudi Hobli, Hosakote Taluk, Bangalore Rural District, the driver of the said car drove the same in a rash and negligent manner. At that time, one buffalo suddenly entered the road and as a result, the driver dashed the road side stones. Due to the impact, the petitioner fell down and sustained grievous injuries. He has spent substant
Insurers remain liable for compensation to third parties despite violations of policy terms and may recover payments from vehicle owners.
The insurer is liable to pay third-party compensation despite driver non-compliance with licensing, as established in prior rulings.
Compensation for personal injury must adequately reflect the severity of injuries and associated suffering, with the finding of primary negligence resting on the lorry driver.
The grace period for driving license validity under Section 14 legitimizes liability of insurers, impacting judgments on compensation and negligence in vehicular accidents.
Under the Motor Vehicles Act, non-compliance with license conditions does not absolve insurers of third-party liability; pay and recovery principle applies to recover claims from vehicle owners.
The court ruled on the enhancement of compensation in a personal injury case, establishing liability principles under contributory negligence and the limitations of insurance coverage for pillion rid....
The court determined that the insurance company is liable for compensation due to reckless driving by the offending vehicle, and recalibrated the amount based on findings of total disability and nece....
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
