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RADHAKISHAN AGRAWAL
Nemuram Sinha S/o Itwariram Sinha – Appellant
Versus
Kunti Bai W/o Late Kriparam Vishwakarma – Respondent
JUDGMENT :
Radhakishan Agrawal, J.
1.This appeal is by the driver/owner against the award dated 13.01.2016 passed by Additional Motor Accident Claims Tribunal, Gariyaband (C.G.) in Claim Case No. 35 of 2014 awarding total compensation of Rs. 4,73,300/- with interest @ 6 % per annum, in favour of the claimants and against the appellant/owner-driver making him liable for payment of compensation.
2.As per claim petition, on 19.12.2013, the deceased Kriparam was going towards Madeli from Jatma while riding his motorcycle in a moderate speed. When he reached near Kamar Tola Basti at that time the appellant while driving the Tata Magic Vehicle bearing registration No. CG 04 T 7749 (herein after referred to as ‘the offending vehicle’), in a rash and negligent manner, dashed the motorcycle of the deceased, due to which, he died on account of injuries sustained by him in the accident. At the time of accident, the offending vehicle was owned and driven by the appellant and was duly insured with respondent No. 11/ Insurer.
3.On account of death of Kriparam, a claim petition was filed seeking compensation of Rs. 94,00,000/- on various heads. The claim petition was resisted by the non-applicants. T
Driving a vehicle without a valid permit and fitness certificate constitutes a breach of insurance policy terms, affecting liability for compensation.
The court established that liability for compensation lies primarily with the vehicle owner when an accident occurs outside the permit's authorized area, while allowing the Insurance Company to initi....
An insurance policy breach due to vehicle unfitness does not exempt the insurer from compensating victims; they may recover from the owner after payment, affirming the principle of 'pay and recover'.
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
Deviation from the permit route does not absolve the insurance company from liability if the vehicle was used for its intended purpose.
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