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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHYAM C.CHANDAK
United India Insurance Company Limited – Appellant
Versus
Rukmini Deepak alias Dilip Kachare – Respondent
JUDGMENT :
SHYAM C. CHANDAK, J.
1. The insurer has preferred this Appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 (“the Act”) being aggrieved by the Judgment and Award dated 13/10/2006, in Application No.2935 of 1996 (“claim”) passed by the Motor Accident Claims Tribunal, Mumbai (“Tribunal”) thereby the said claim was partly allowed with proportionate costs and the Appellant and Respondent No.6 were held jointly and severally liable to pay a sum of Rs.3,66,000/- to Respondent Nos.1 to 5, alongwith interest @ 7.5% per annum from 01/02/1999 till realization of said amount. The Appeal has been filed on the ground that the Tribunal did not pass the pay and recover order in favour of the Appellant.
2. As per the record, Appeal was admitted on 17/01/2007. Thereafter, the notice of the Appeal was sent to Respondent No.6. The notice returned alongwith the Report of the bailiff stating that Respondent No.6 has expired on 26/06/2006, i.e., during pendency of the claim. Hence, the learned Registrar (Judicial-II) of this Court passed an Order on 20/08/2014 that, the Appeal abated against Respondent No.6. As noted in this Court’s Order dated 08/01/2025, Mr. Misar, the learned Advocate
Insurer is liable for compensation even with a fake driving licence, with a right to recover from the vehicle owner's estate post-payment. Future earning potential must be included in compensation ca....
The court affirmed that insurance companies bear the burden to prove policy violations; failure to establish absence of driving license led to liability for compensation, emphasizing the need for jus....
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
The genuineness of the driving licence is crucial for the insurer's right to recovery, and the appellate court cannot enhance compensation without an appeal by the claimants.
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