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HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
Oriental Insurance Company Limited Through The Manager, Divisional Office, Itwari Bazar – Appellant
Versus
Khikram Sahu S/o Mahajan Sahu – Respondent
Judgment :
(Radhakishan Agrawal, J.)
Heard.
1. This insurer’s appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short, the Act, 1988) is directed against the award dated 28.06.2016 passed by the 1st Additional Motor Accidents Claims Tribunal, Sarangarh, Dist. Raiarh (CG) (for short ‘the Tribunal’) in claim case No.11/2015 whereby the appellant/insurance company was held liable primarily to pay compensation. Parties to this appeal are referred herein as per their description before the learned Claims Tribunal.
2. As per pleadings of the claim petition, on 11.01.2014, the deceased – Chatur Sahu was coming from Raigarh to village Salhe on his motorcycle and on way at village Patelpali near Krishi Upaj Mandi Highway Road, he dashed the stationed Bus bearing registration No.CG/13/A/8091 (hereinafter referred to as ‘the offending vehicle Bus’) from rear side, which was parked by its driver/Non-applicant No.1 in a negligent manner and on account of such dash, he died on the spot on account of injuries sustained by him. It is not in dispute that at the time of accident, the offending vehicle was owned by Non-applicant No.2/respondent No.4 herein and insured with Non-applicant
The insurer is liable for compensation despite claims of negligence by the deceased, as the negligence of the bus driver was established.
The insurer must prove any policy exclusions regarding coverage for individuals injured in accidents, failing which they remain liable for compensation.
The court upheld the insurer's liability for compensation in a fatal accident despite challenges to the driver's license and policy conditions, recalibrating the compensation amount based on income a....
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
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