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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
New India Assurance Company Ltd., Divisional Office, Nagmatia Road, Gaya – Appellant
Versus
Kiran Devi, Wife of Late Kedar Singh – Respondent
| Table of Content |
|---|
| 1. claimants established facts surrounding the accident and compensation. (Para 2 , 10) |
| 2. insurance company's arguments against liability and evidence. (Para 13 , 14 , 15) |
| 3. court's reasoning on the insurance evidence and burden of proof. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 4. fraud must be proven beyond reasonable doubt in civil proceedings. (Para 23) |
| 5. judgment affirmed; appeal dismissed. (Para 25 , 26) |
JUDGMENT :
The present Miscellaneous Appeal has been preferred against the impugned judgment/award dated 04.08.2016 and the Review order dated 29.06.2017, passed by learned Motor Accident Claim Tribunal-cum-Additional District and Sessions Judge-IV, Gaya in Motor Accident Claim Case No.30 of 2001 (130 of 2011).
2. The factual background of this case is that seven Claimants, who are Respondent Nos. 1 to 7 herein, filed M.A.C.T Case No. 30 of 2001 against the Insurance Company, who is the Appellant herein and one Brij Raj Singh, owner of the truck bearing registration no. UP-50F-0696, claiming that they are entitled to get more than Rs.10,00,000/- as compensation on account of death of Kedar Singh in the Motor Accident, involving the truck bearing registration no. UP-50F-
Insurance policies in motor accident claims must be proven valid unless convincingly challenged by the insurer; mere assertions aren't sufficient to annul liability.
Electronic evidence disproving insurance policy requires mandatory Sec.65B(4) certificate; absent it, insurer liable despite fake policy claim. Minor pedestrian's polytrauma compensation (medical, pa....
The insurer is liable for compensation regardless of alleged fraud concerning the insurance policy, which must be proven by the insurer.
The court ruled that the insurance company was not liable due to a fabricated policy, and compensation was adjusted based on the deceased's income and dependents.
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