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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
National Insurance Company – Appellant
Versus
Chandramani Devi W/o Ramjee Yadav – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present Miscellaneous Appeal has been preferred against the impugned judgment/award dated 12.08.2016, passed by learned Additional District Judge-Ist-cum-Chairman, Motor Accident Claim Tribunal, Gaya in MAC Case No. 115 of 2011 (D.J.)/ 21 of 2012, whereby learned Tribunal has directed the appellant/Insurance Company herein to pay compensation of Rs. 3,75,000/-, excluding Rs. 50,000/-, which was already paid to the claimants towards interim compensation, with interest @ 9% per annum from the date of institution of the claim petition till the payment.
2. The factual background of the case is that one Sujit Kumar, aged about 12 years, died in a road accident on G.T. Road, N.H.-2, near Kusha More at about 6:00 AM on 09.04.2011 under Madanpur Police Station, Aurangabad District, involving the motor vehicle (Tata Magic) bearing Registration No. BR-02M-5290.
3. Subsequent to the accident, Madanpur P.S. Case No. 57 of 2011 was registered against the driver of the offending vehicle for offence punishable under Sections 279 , 337, 338 and 304A of the INDIAN PENAL CODE . After investigation, charge-sheet was submitted against the FIR named accused viz., Matin
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.
The principle of pay and recover applies when an insurer is exonerated from liability due to violations of policy conditions, ensuring claimants receive compensation despite such breaches.
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
The main legal point established in the judgment is the insurer's obligation to indemnify the compensation amount to the third party and the possibility of pay and recover in case of third party risk....
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
The insurer is primarily liable to pay compensation to accident victims, with the right to recover from the vehicle owner, reinforcing the social welfare purpose of the Motor Vehicles Act.
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