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NITIN B. SURYAWANSHI
Reliance General Insurance Company – Appellant
Versus
Rekha w/o Manojkumar Chauhan – Respondent
JUDGMENT :
Nitin B. Suryawanshi, J.
1. This appeal, filed by the Insurance Company, under section 173 of the Motor Vehicles Act, challenges Judgment and Award dated 23rd March, 2015, passed by the Motor Accident Claims Tribunal, Jalna in MACP No. 245 of 2010.
2. Facts, which are not in dispute, are that, on 25th October, 2010, Manojkumar Indersing Chauhan was proceeding on motorcycle No MH-21/AA-7075 from Ranjani to Jalna, as a pillion rider. Ratnakar Achyutrao Wadhekar (present Respondent No.2), his colleague teacher, was driving the motorcycle. He gave dash to one cow, who come in the way, due to which Manojkumar fell down and received serious injuries to his head. He was admitted in hospital, however, he succumbed to the injuries. FIR is lodged by the claimant with Sadar Bazar Police Station and Crime No. 294 of 2010 for offence punishable under section 279, 337, 338 304-A of the Indian Penal Code and under section 236/177 of the Motor Vehicles Act was registered against present respondent No.2.
3. Claimant filed claim application contending that deceased was 45 years old and was getting monthly salary of Rs.30,488/-. Compensation of Rs.36,30,752/- was, therefore, claimed.
4. The sec
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
A learner's license does not preclude insurance liability if the driver is accompanied by a licensed instructor, and the insurer must prove policy violations to avoid liability.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
The court ruled that the Insurance Company is liable to pay compensation first, despite the driver's invalid license, and established guidelines for calculating future prospects and multipliers in co....
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