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RADHAKISHAN AGRAWAL
Oriental Insurance Co. Ltd. – Appellant
Versus
Rukhmani Sahu W/o Late Dwarika Prasad Sahu – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. Since both the above appeals filed by the Insurance Company and claimants respectively arise out of same accident that took place on 07.04.2011, therefore, they are being heard together and disposed of by this common judgment.
2. In MAC No. 1173/2015, Respondent No. 6/owner of offending vehicle has also filed cross objection under Order 41 Rule 22 of CPC challenging the liability part.
3. As per averments made in the claim petition, on 07.04.2011, deceased-Dwarika Prasad Sahu, died in the motor vehicular accident caused due to rash and negligent driving of Truck bearing registration No. CG-04-J-0334 (hereinafter referred as ‘offending vehicle’) by non-applicant no. 1/driver of offending vehicle-Ashok Sharma. At the time of accident, the offending vehicle was owned by non-applicant No. 2 and insured with non-applicant No. 3.
4. On account of death of deceased- Dwarika Prasad Sahu, a claim petition was filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.20,50,000/- inter alia pleading that at the time of accident, deceased-Dwarika Prasad Sahu was aged about 35 years & earning Rs.6,000/- per month b
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....
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.
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
The court established that intoxication and improper positioning on the vehicle breached insurance policy conditions, affirming liability on the driver-owner and recalculating compensation based on f....
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 main legal point established in the judgment is the principle of 'pay and recover' in case of third-party risks and the requirement for the insurer to prove the driver's lack of a valid driving l....
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....
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