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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey, J
Vishnu Lodhi S/o S.R. Lodhi – Appellant
Versus
Rohit Kumar Sahu S/o Durgaram Sahu Chhattisgarh – Respondent
Judgment :
(Rakesh Mohan Pandey, J.)
1. The appellants have challenged the award dated 30.01.2020 passed by the learned Motor Accidents Claims Tribunal (MACT), Kabirdham in Claim Case No. 9/2019, whereby the claim case filed by the claimants was partly allowed, and an award of Rs.7,50,400/- with interest at the rate of 6% from the date of filing of the claim case against the owner and driver of the offending vehicle was passed, however, the learned tribunal exonerated the insurance company/respondent No.3.
2. Facts of the present case are as under:-
A. On 10.12.2018, at about 2.45 PM, when the deceased Tikeshwar was going on his scooty to Singhania Petrol Pump, Sahaspur Lohara, the offending vehicle (Bus) bearing registration No. CG-08-B-5069 driven by appellant No.2 (driver) dashed the scooty of the deceased. Consequently, the deceased fell down on the road, sustained serious injuries and died on the spot.
B. The claimants filed a claim case under Section 166 of the Motor Vehicles Act, 1988 ( MV Act ) claiming therein compensation to the tune of Rs.10.50 lakhs. They pleaded that on the date of the accident, the deceased was 17 years old and he was a student of class 12th.
C. The insuran
Deviation from the permit route does not absolve the insurance company from liability if the vehicle was used for its intended purpose.
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....
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
The Insurer cannot evade liability for compensation due to permit violations that do not constitute a fundamental statutory infraction.
Permit renewals under Section 81 of the Motor Vehicles Act are retroactively effective, impacting liability determinations in accident claims.
The absence of a valid permit for a vehicle involved in an accident absolves the Insurance Company from liability for compensation under the Motor Vehicles Act.
In negligence claims under the Motor Vehicles Act, the standard of proof is based on preponderance of probabilities; insurers cannot avoid liability for permit breaches if the vehicle was used in an ....
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
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