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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Nawal Kishore Sao S/o Nehrulal Sao – Appellant
Versus
Jaybunnisha W/o Late Mohd. Kasim – Respondent
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Challenge in this appeal is to the award dated 28.11.2017 passed by the learned First Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja (C.G.) (hereinafter referred to as 'Claims Tribunal') in Central Filing No.73/2016 whereby learned Claims Tribunal allowed claim application in part of the claimants and fastened the liability to pay the amount of compensation upon driver and owner of Truck bearing registration No.CG-07-C-1025 (for short, “offending vehicle”).
2. Brief facts of this appeal, in a nutshell, are that, on 11.06.2015 at about 5:00 a.m., deceased late Mohammad Qasim, husband of claimant No.1 and father of claimants No.2 and 3, had gone out for his morning walk. Upon reaching Ring Road near Harsagar Lake, within the territorial limits of Kotwali Police Station, Ambikapur, the vehicle in question, loaded with gas cylinders and was being driven by non-applicant No. 1 in a rash and negligent manner, dashed the deceased, resulting in the fatal accident. As a result of the impact, Mohammad Qasim sustained grievous injuries and died on the spot. The incident was reported to the police by Mohammad Asfaq, cousin of the
A driver lacking a valid endorsement to carry hazardous goods cannot obtain insurance coverage, constituting a breach of policy terms, therefore exonerating the insurer from liability.
The main legal point established in the judgment is that the insurance company cannot be absolved of its liability if the driver did not possess the necessary endorsement to drive the vehicle carryin....
The main legal point established in the judgment is that the insurer's liability towards the insured can only be avoided if the insured was guilty of negligence and failed to fulfill the policy condi....
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
Death in motor accident - Breach or non-compliance of statutory requirement to undergo a training course to upskill driving efficiency and product safety cannot be brushed aside as a technical breach....
The central legal point established in the judgment is the requirement for a separate endorsement on the driving license to drive vehicles containing hazardous substances, and the burden of proof on ....
The driver's lack of a valid license for transporting hazardous goods absolves the insurer company of liability to pay compensation.
An insurance company cannot evade liability for an accident solely due to the absence of a hazardous goods endorsement if the accident was not caused by that absence.
Insurance companies must prove policy breaches; mere assertions without evidence are insufficient.
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