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SUNIL DUTTA MISHRA
United India Insurance Co. Ltd. – Appellant
Versus
Nand Lal Rai – Respondent
Sunil Dutta Mishra, J.—This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of the United India Insurance Company Ltd.-Appellant assailing the Judgment dated 06.12.2016 and Award dated 14.12.2016 passed by the learned M.A.C.T.-cum-4th Additional District Judge, Bhojpur at Ara (hereinafter referred to as “Learned Tribunal”) in Motor Vehicle Claim Case No. 23 of 1999 to the extent it has not granted right of recovery from the owner of offending vehicle i.e. respondent no. 1.
2. Heard the learned counsel for the appellant as well as the learned counsel for the respondent no. 3. Despite service of notice, respondent nos. 1 & 2 have not appeared in this appeal after given sufficient opportunities.
3. The relevant facts is that on 12.02.1999 Vikas Kumar Singh (claimant) along with Jitendra Prasad was returning to attend the call of the nature then during crossing of the Road he was hit by Truck No. WB-03-6155 which was driven rashly and negligently causing injury in his leg which was treated in Hospital at Patna and other Hospitals. He filed the claim of Rs.14,00,000/- as compensation amount and amount of ex
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The insurer may exercise the right to recover compensation paid to claimants if it proves that the insured violated policy terms crucial to the cause of the accident.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The main legal point established is the application of the principle of 'pay and recover' in cases of policy condition breaches and the court's authority to modify the rate of interest for compensati....
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