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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SANDIPKUMAR C. MORE, J
New India Assurance Co. Ltd. – Appellant
Versus
Ankush S/o Asaram Gaikwad – Respondent
JUDGMENT :
(SANDIPKUMAR C. MORE, J.)
1. The appellant/Insurance Company, who is original respondent No.3 has filed this appeal to challenge Judgment and award dated 30.11.2016, passed by the learned Member, Motor Accident Claims Tribunal, Aurangabad (hereinafter referred to as ‘the learned Tribunal’) in M.A.C.P. No. 236 of 2013. The learned Tribunal under the impugned judgment has granted compensation of Rs. 4,13,310/- inclusive of award under ‘No Fault Liability’ along with the interest at the rate of 9% per annum from the date of petition till its realization. The appellant/Insurance Company has filed this appeal mainly on two grounds, that it was not liable for paying compensation as the offending bus was being driven without permit and that the injured had also contributed in the accident.
2. According to the respondent/claimant, he was riding on motorcycle alongwith his wife Heerabai on 16.03.2012. At about 19.30 horus, his motor-cycle bearing registration No. MH-20-BD-3710 had reached near T.C.I. Company at Waluj. At that time, one private Bus bearing registration No. MH-25- B-758 came from Pandharpur side without following the traffic rules and also in a high speed and gave das
Insurance companies cannot evade liability without conclusive evidence of policy breaches, and the burden of proving contributory negligence lies with them.
The absence of a valid permit for the offending vehicle can impact the liability of the insurance company under the Motor Vehicles Act, 1988.
The court established that contractual engagement with a transport corporation can negate permit requirements, and the burden of proof lies with the insurance company to demonstrate any licensing vio....
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 ....
Liability of the insurance company in a motor accident case and the inapplicability of permit condition violation as a defense under Section 149(2) of the Motor Vehicles Act
Liability of the insurance company in case of violation of R.T.O. rules and breach of permit conditions
Insurance company not liable for compensation due to absence of valid permits as per statutory requirements.
Vehicle usage and insurance liability must consider the vehicle's operational status at the time of the accident, and lack of permit or license becomes irrelevant if the vehicle was not used for tran....
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