Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Divisional Manager, Reliance General Insurance Company Ltd. – Appellant
Versus
Sou. Komal Rakesh Bhangale – Respondent
JUDGMENT :
R.M. JOSHI, J.
1. By consent of both sides heard finally at the stage of admission.
2. This Appeal filed by the Insurer takes exception to the judgment and award dated 11th January 2023 passed in MACP No.707 of 2019 accepting the death claim filed by the Claimants by directing payment of compensation of Rs.25,43,595/- with interest @ 7% from the date of filing of Claim Petition till realization of the amount.
3. It is the case of the Claimants before the Tribunal that on 13th May 2019 deceased was pillion rider on motor cycle bearing No. MH-15-DD-2558 driven by his friend. When they came to the spot of the accident motor car bearing registration No. MH-01-BT-4452 came from the opposite side in rash and negligent manner and gave dash to the motor-cycle of the deceased. In the said accident both sustained serious injuries. Both died in the said accident.
4. Before Tribunal the owner of the offending vehicle though served with the notice failed to file Written Statement and contest the claim. Insurer filed Written Statement and denied the contention of the Claimant on accident, age, employment and income of the deceased. It is claimed that, the driver of the offending vehicle wa
Claimants can seek compensation enhancement without a cross-appeal, supported by substantial proof of income; Insurer's defenses of non-involvement and invalid license were insufficient.
The owner and the insurer are jointly and severally liable for the compensation if the driver of the insured vehicle does not have a valid license and the owner breaches the policy conditions.
The onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
The grace period for driving license validity under Section 14 legitimizes liability of insurers, impacting judgments on compensation and negligence in vehicular accidents.
Insurer liable for compensation despite rider's lack of driving license, compensated amount adjusted based on proper income assessment.
The insurance company is liable to pay compensation to the victims of a road accident caused by an insured vehicle, even if the driver's license was suspended at the time of the accident, provided th....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
