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SANJAY K. AGRAWAL
Managing Director, Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited – Appellant
Versus
Keshar Kumar Tandon, S/o Kedarnath Tandon – Respondent
JUDGMENT :
1. Since the present batch of two appeals and one revision filed by the Owner of the offending vehicle arises out of the same accident and grounds raised are also common, this Court for convenience sake is inclined to decide the same by this common judgment.
2. MAC No.844/2017 arises out Claim Case No.58/2015 (Keshar Kumar Tandon Vs. Shiv Kumar Yadav and Others), CR No.130/2017 arises out of Claim Case No.59/2015 (Parshottam Lal Koshley Vs. Shiv Kumar Yadav and Others) and MAC No.842/2017 has arisen from Claim Case No.60/2015 (Dharmendra Tandon Vs. Shiv Kumar Yadav and Others).
3. Learned Additional Motor Accidents Claims Tribunal, Bemetara, by impugned Awards dated 8.2.2017, in a proceeding under Section 166 of the Motor Vehicles Act, 1988 has awarded a compensation to the tune of Rs.62,928/- to the injured claimant Keshar Kumar Tandon in Claim Case No.58/2015, Rs.5,500/- to the injured claimant Parshottam Lal Koshley in Claim Case No.59/2015 and Rs.4,10,260/- to the injured claimant Dharmendra Tandon in Claim Case No.60/2015 along with interest thereon at the rate of 6% per annum from the date of filing of their respective claim application. While passing the impugned Awa
The absence of a permit under Section 66 of the Motor Vehicles Act constitutes a statutory infraction, necessitating liability to be established by evidence.
The main legal point established is that the Insurance Company is liable to pay compensation to the claimants and recover the same from the driver and owner of the vehicle, based on the principles la....
The main legal point established in the judgment is the liability of the insurance company in cases where the offending vehicle was being driven without a valid permit, applying the principle of 'pay....
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'.
Insurance companies cannot avoid liability under Section 149 of the Motor Vehicles Act despite permit violations; the principle of pay and recover ensures claimants receive compensation first.
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
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