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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Arvind Kumar Verma, J
New India Insurance Company Limited – Appellant
Versus
Rambai Tandon W/o Late Chhatu Lal Tandon – Respondent
Judgment :
(Arvind Kumar Verma, J.)
1. Since both these claim cases are arising out of the same accident, therefore, they are being heard and decided together by this common order.
2. By the instant appeals, the appellant/Insurance Company is challenging the legality and validity of the impugned awards dated 13/12/2018 passed by the learned Motor Accident Claims Tribunal, Durg, C.G (in short 'the Tribunal') in Claim Case No.307/2016 and 111/2016, whereby the Tribunal has awarded a total sum of Rs.16,17,315/- on account of the death of the deceased Silochni and 5,93,551/- on account of injury sustained by the injured Leena Sinha.
3. Brief facts necessary for disposal of this appeal are that on 05/04/2016 at about 12.30 PM, deceased Silochni was driving her Scooty and pillion rider was her friend Leena Sinha at that time suddenly from back side one tanker bearing registration No.M.H.43/U/5169 came and dashed the aforesaid scooty because of that the driver of the said vehicle Smt. Silochini Tandon received grevious injury and she succumbed to the said injuries on the same day and the pillion rider Leena Sinha also received injuries on the vital part of the body.
4. Being aggrieved, the cla
The court established that the initial burden of proof regarding the validity of a driving license lies with the driver and owner, and applied the 'pay and recover' doctrine for compensation liabilit....
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The Insurance Company may initially pay compensation to third-party claimants despite the driver lacking a valid license, with a right to recover from the vehicle's owner.
Motor Accident Claims - Rash and negligent driving - Without Driving licence - Liability of insurance company – If a driver had a fake driving licence at the time of the accident then the Insurance ....
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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