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BIVAS PATTANAYAK
Reliance General Insurance Company Limited – Appellant
Versus
Sudevi Gupta – Respondent
JUDGMENT :
Bivas Pattanayak, J :
1. The present appeal is preferred against the judgment and award passed on 30th May 2018 by learned Judge, Vth Bench cum Judge, Motor Accident Claims Tribunal, City Civil Court, Calcutta in M.A.C Case no. 263 of 2010 granting compensation in favour of respondents-claimants to the tune of Rs.14,59,326/-along with interest under Section 166 of the Motor Vehicles Act, 1988.
2. The brief fact of the case is that on 18th November 2009 at about 1:15 PM while the victim was proceeding through the VIP road from North to South direction on his bicycle, at that time the offending vehicle bearing no. WB-19D/7066 (Tata Magic) which was driven in a rash and negligent manner dashed the victim from behind as a result of which he sustained head injuries. Thereafter the victim was taken to ESI Hospital and R.G Kar Hospital, wherefrom he was shifted to SSKM Hospital for further medical treatment. However, on the same day at night hours the victim was shifted to CMRI Hospital for better treatment and a considerable amount of Rs. 3 lakhs were spent towards treatment of the victim. Thereafter, once again the victim was shifted back to SSKM Hospital on 6 December 2009. Ult
The court affirmed the validity of the driver's license and ruled that the Insurance Company failed to prove negligence, thus holding it liable for compensation.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
Insurance company is not liable for compensation when driver lacks valid endorsement for hazardous goods transport, reversing Claims Tribunal's decision.
The court established that intoxication and improper positioning on the vehicle breached insurance policy conditions, affirming liability on the driver-owner and recalculating compensation based on f....
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
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