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NARENDRA KUMAR VYAS
Oriental Insurance Company Limited – Appellant
Versus
Sukhyarin Wd/o Late Lakhanram Ojha – Respondent
ORDER :
Narendra Kumar Vyas, J.
1.The appellant – Insurance Company has preferred this Miscellaneous Appeal under Section 173 of the Motor Vehicle Act being aggrieved with the award dated 8-11-2016 passed by the learned Motor Accident Claims Tribunal, Kondagaon, District Kondagaon (CG) in M.A.C.C. No. 03 of 2014 (Smt. Sukhiyarin and others vs. Ravindra Kumar Wadde and others) whereby the learned Motor Accident Claims Tribunal has awarded compensation of Rs.8,07,400/- along with 9% interest from the date of filing of the claim petition till the final payment is made to the claimants.
2.Brief facts as reflected from the record are that the respondents No.1 to 3 are the legal heirs / representatives of deceased Lakhanram. On 5-4-2013 at about 8.00 a.m., one Mahindra Tractor bearing registration No. CG 17 G-4925 which was rashly and negligently driven by its driver/respondent No.4 dashed the deceased Lakhanram who was on his motor-cycle nearby village Bohda which is situated on the way from Kondagaon to Narayanpur main road, as a result of which Lakhanram sustained grievous injuries and he was brought to District Hospital, Narayanpur and thereafter looking to his serious condition he was
The court affirmed that injuries from a motor vehicle accident can establish causation for subsequent death, emphasizing the importance of medical evidence linking the two.
The court confirmed the nexus between accident-related injuries and subsequent death due to tetanus, holding the insurance company liable for compensation.
The court determined that despite initial perceptions of murder, the evidence supported the incident as a motor accident, warranting compensation under the Motor Vehicles Act.
The main legal point established in the judgment is the requirement to establish a direct nexus between the injuries sustained in an accident and the subsequent death of the victim to claim compensat....
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
The court ruled that the insurance company was not liable due to a fabricated policy, and compensation was adjusted based on the deceased's income and dependents.
The court affirmed that deaths resulting from a vehicle accident are compensable under the Motor Vehicles Act, regardless of claims of murder, unless proven otherwise.
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