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URMILA JOSHI-PHALKE
Oriental Insurance Co. Ltd. , through its Divisional Manager – Appellant
Versus
Usha w/o Suresh Badwaik – Respondent
JUDGMENT :
1. Heard learned Counsel for the parties.
2. By this appeal, the appellant - Insurance Company challenges Deleted as per Court’s the judgment and award dated 20/06/2008 passed by the Motor Accident Claims Tribunal, Gondia in Claim Petition No.115/2006 whereby the Tribunal awarded the compensation of Rs.3,69,500/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization of whole amount to the petitioners.
3. Brief facts in nutshell are as follows :
4. As per the contention of the claimants, the age of the deceased was 20 years and he was skilled Electronic Mechanic and was earning Rs.4000/- per month. As the death of the deceased is caused in an accident, the motorc
A borrower of a vehicle is not considered a third party under the insurance policy, and the insurance company's liability is limited to the terms of the contract.
The central legal point established in the judgment is that under the M.V. Act, the liability of the insurance company depends on the interpretation of the provisions regarding third-party claims, an....
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
The main legal point established in the judgment is the interpretation and application of Section 163(a) of the MV Act, including the maintainability of claim petitions and the insurer's ability to r....
A claim u/s 140 of the Act may be made not merely as in terms of the award but it could be even at the time of the final disposal.
The legal representatives of a deceased, who had borrowed a vehicle covered under a package policy, cannot claim compensation under Section 163(A) of the Motor Vehicle Act, 1988, as they are consider....
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