Back
RADHAKISHAN AGRAWAL
Divisional Manager – Appellant
Versus
Himmat Joshi, S/o Late Rewa Ram Joshi – Respondent
JUDGMENT :
Radhakishan Agrawal, J.
1.As all the appeals filed by Insurance Company & claimants respectively arise out of the impugned awards dated 17.03.2016 passed by the 6th Additional Motor Accident Claims Tribunal, District Durg, C.G. in separate Claim Case No.102/2011 (MAC No.710/2016), Claim Case No.101/2011 (MAC No.711/2016 & MAC No.1243/2016), Claim Case No.95/2011 (MAC No.715/2016), Claim Case No.103/2011 (MAC No.716/2016 & MAC No.1245/2016), Claim Case No.100/2011 (MAC No.717/2016 & MAC No.1242/2016), Claim Case No.88/2011 (MAC No.718/2016 & MAC No.1244/2016) & Claim Case No.98/2011 (MAC No.814/2016), involving the same accident, therefore, they are being heard together and disposed of by this common judgment.
2.As per averments made in the claim petitions, on 13.12.2010 at about 8:30 pm, deceased persons after attending the engagement ceremony at village Lavar, were returning to their village Potiya by sitting in Maruti Van bearing registration No.CG04-B-3004, which was being driven by deceased-Gopal Tandon. However, on the way, when they reached Hathband Kamta Road near Crusher Machine, non-applicant No.1 / driver of the Truck bearing registration No.CG04-ZC-4052 (hereinaf
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 court ruled that the Insurance Company is liable to pay compensation first, despite the driver's invalid license, and established guidelines for calculating future prospects and multipliers in co....
Insurance companies must prove policy breaches to avoid liability; interest on future prospects in compensation claims is impermissible.
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 court upheld the Tribunal's liability determination, affirming that a driver with a valid LMV license can operate a transport vehicle under 7500 kg without an endorsement, and modified future pro....
An insurance company's assertion of license validity must be substantiated to deny liability in an accident claim.
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
