Back
ANANYA BANDYOPADHYAY
United India Insurance Company Limited – Appellant
Versus
Rizwana Parwin – Respondent
JUDGMENT :
(Ananya Bandyopadhyay, J.)
1. The Learned Advocates representing the respective parties are present.
2. The instant appeal had been filed against the judgment and award dated 31st March, 2023 passed by the learned Additional District & Sessions Judge, 1st Court, Asansol cum Judge, M.A.C. Tribunal, Paschim Bardhaman in M.A.C. Case No. 118 of 2015.
3. An application under Section 166 of the Motor Vehicles Act, 1988 had been filed on account of accident which occurred on 16.5.2014 at about 13.30 hours near Dhemomain Main Gate G.T. Road, Asansol, while commuting in a maruti car bearing registration no. MH-02/NA/5392 which was hit by a mini bus bearing registration no. WB – 37A-7081 and as a result the maruti car dashed an auto rickshaw approaching from the opposite direction. The victim sustained severe injuries and was transmitted to District Hospital, Asansol wherefrom he was shifted to Mission Hospital, Durgapur and on 19.5.2014 the victim succumbed to his injuries.
4. Learned Advocate representing the appellant/Insurance Company did not dispute the occurrence of the accident, the Insurance policy as well as the other ancillary issues including the computation of the compens
The insurer must prove a breach of policy conditions by the insured to avoid liability; mere invalidity of a driving license does not absolve the insurer from responsibility.
The insurance company must prove the wilful breach on the part of the vehicle owner, and the mere fact of the driving license being fake does not absolve the insurer from liability.
The main legal point established in the judgment is that the insurance company is liable to indemnify the claimants unless it can be proved that the insured was aware of the fake license and still pe....
Motor insurance policy – Generally, no person employing a driver would undertake such a verification exercise and would be satisfied with production of a licence issued by a seemingly competent autho....
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
A learner's license does not preclude insurance liability if the driver is accompanied by a licensed instructor, and the insurer must prove policy violations to avoid liability.
The central legal point established in the judgment is the onus on the insurer to prove the owner's lack of adequate care and caution in verifying the genuineness of the driver, and the expected dili....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
