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IN THE HIGH COURT AT CALCUTTA
Biswaroop Chowdhury
New India Assurance Co. Ltd. – Appellant
Versus
Sabita Das – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.
1.The appellant before this court was an opposite party in a claim case under section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 22-05-2024 passed by the Learned Additional District Judge 3rd court Tamluk Purba Medinipur in MAC Case No 76 of 2021.
2. The case of the claimants/ Respondents 1 to 4 before Learned Trial Court may be summed up thus:
3. On 27-12-2020 at about 1:25 am (night) the victim Ganesh Das and Subrata Jana were coming from Nimtouri side and proceeding towards Nanda Kumar Side through the left side of NH 41 by motor cycle WB-30Z/7173. The rider of the said motor cycle very slowly and cautiously proceeding through extreme left side of the road.
4. When the said motor cycle reached near Bakhrabad bus stoppage at that time the offending vehicle truck which was coming from Nimtouri side and proceeding towards Nanda Kumar Side was proceeding at excessive speed with zigzag manner. At that place of occurrence the said offending truck WB- 45/5579 all on a sudden without raising any alarm rashly overtook the said motor cycle and stopped on the front of side motor cycle to disturb the free flow of the mot
Compensation claims remain valid despite the victim's alleged contributory negligence if the victim is deceased, and the public interest in ensuring valid insurance for vehicles is paramount.
The court emphasized the need for sufficient evidence to establish an insurer's liability based on driver intoxication, ruling that lack of proof resulted in the insurer's responsibility for compensa....
The court found that mere consumption of alcohol by the deceased did not bar compensation claims as it lacked evidence of contributing to the accident, affirming that liability rests upon the neglige....
The standard of proof in civil liability cases is preponderance of probability, not beyond reasonable doubt, impacting negligence assessments in motor accident claims.
Section 147 does not require an insurance company to assume risk for death or bodily injury to owner of vehicle.
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
The main legal point established is that a person holding a learner's licence is considered 'duly licensed' and the insurance company is liable to pay compensation to the claimants and later recover ....
Insurer liable to pay motor accident death compensation to third-party claimants despite driver's invalid licence, with right to recover from owner-driver; enhanced quantum includes 25% future prospe....
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