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RABINDRANATH SAMANTA
United India Insurance Company Limited – Appellant
Versus
Kamala Roy – Respondent
JUDGMENT :
Rabindranath Samanta, J.
1. Challenge in these two appeals being FMA No. 1450 of 2007 and FMA No. 890 of 2009 is against the judgment and award dated 14.06.2007 passed by the learned Judge, Motor Accident Claims Tribunal (hereinafter be referred to as the Tribunal), 11th Court, Alipore in MACC No. 99 of 2007. By the impugned judgment the learned Tribunal directed the Insurance Company i.e. United India Insurance Company Limited to pay Rs.3,96,000/- as compensation to the claimants Smt. Kamala Roy and others and to pay interest @6% per annum on the awarded amount of money from the date of filing of the claim application on 01.07.2002 till the date of payment.
2. However, the learned Tribunal observed in the body of the judgment that the Insurance Company was at liberty to realise the amount of compensation of award from the owner of the offending vehicle if it was found during any independent enquiry that the insurance policy was forged.
3. By preferring the appeal being FMA No. 1450 of 2007 the Insurance Company assails the findings of the learned Tribunal on the ground
The main legal point established in the judgment is that the validity of the insurance cover on the offending vehicle at the time of the accident is crucial in determining the liability of the insure....
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
The insurer is liable for compensation regardless of alleged fraud concerning the insurance policy, which must be proven by the insurer.
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....
In motor vehicle accident cases, the burden of proof regarding insurance policy terms lies with the insurer, and failure to present such evidence may result in liability being imposed.
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