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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SANJAY A. DESHMUKH
The Branch Manager, The Sbi General Insurance Co. Ltd., – Appellant
Versus
Smt. Khairun Wd/o Jahir Khan – Respondent
JUDGMENT :
1. This appeal is preferred by the Insurance Company against the judgment and award passed in Claim Petition No. 1247 of 2012 dated 28/09/2021 by the learned Member, Motor Accident Claims Tribunal, Nagpur. The claim petition was allowed.
2. Claim :
(i) It is contended that petitioner No.1 is the mother and petitioner Nos.2 & 3 are brothers of deceased Salman Jahir Khan, who died in the vehicular accident dated 14/08/2013.
(ii) The petitioners contended that on 14/08/2013, Salman Khan was riding a motorcycle bearing No.MH-31-DT-0279 on Bhandara Road and when he reached at Mehta Petrol Pump, near Police Station Lakadganj, Nagpur, a truck bearing No.MH-40-Y- 8686 came in a high speed from opposite direction and collided with motorcycle of Salman Khan. The truck driver was driving rashly and negligently. Therefore the accident occurred. As a result of accident, Salman died on the spot. An inquest was drawn up. Post-mortem was conducted.
(iii) A Crime No.256 of 2013 was registered against the driver of the said truck under Section 279, 304(A) & 338 of the Indian Penal Code, 1860 (for short IPC).
(iv) The petitioners further contended that deceased Salman was a driver. He was sole b
Claimants failed to prove their relationship with the deceased and fabricated evidence, leading to the dismissal of the compensation claim.
Claims based on fabricated stories undermine the integrity of judicial proceedings, compelling courts to dismiss unfounded claims.
Insurance policies in motor accident claims must be proven valid unless convincingly challenged by the insurer; mere assertions aren't sufficient to annul liability.
The burden of proof in establishing the cause of an accident and the credibility of witnesses are crucial factors in determining claims for compensation under the Motor Vehicles Act.
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
An insurance company is exonerated from liability when policy conditions, specifically regarding the insured's authorized use of a vehicle, are violated.
Accident claim - Since the clinching rebuttal evidence clearly demonstrates that the claimant himself was riding the bike and on account of his own negligence he sustained injuries, the claimant cann....
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