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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY
Pitambar Khare, S/o. Kishan Khare – Appellant
Versus
Lata Koshle, W/o. Kishun Koshle – Respondent
Judgment :
Rakesh Mohan Pandey, J.
1. The appellants/driver and owner of the offending vehicle have filed this appeal challenging the liability part against the award passed the Motor Accidents Claims Tribunal, District Bemetara in Claim Case No. 59/2024 dated 16.01.2025, whereby the learned Claims Tribunal passed an award to the tune of Rs. 16,31,456/- with interest @ 9% per annum on account of death of Bhagirathi Koshle.
2. The facts, in brief, are that on 25.02.2024 deceased Bhagirathi Koshle was going towards Village Pathrra from Bemetara on his motorcycle Honda Shine bearing registration No. CG-25/K-9145 and when he reached Sri Shankara Hospital, driver of offending vehicle Swaraj Majda bearing registration No. CG-04/JD-5635 by driving it rashly and negligently, dashed the motorcycle, resultantly Bhagirathi Koshle sustained serious injuries and succumbed to death.
3. The claimants who are parents and siblings filed claim case under Section 166 of the Motor Vehicles Act, wherein they pleaded that on the date of accident, age of the deceased was 20 years and earning Rs.500/- per day as he was a Mason. They claimed a sum of Rs.01 crore.
4. The driver and owner filed their reply and de
Permit renewals under Section 81 of the Motor Vehicles Act are retroactively effective, impacting liability determinations in accident claims.
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
Sub-section (5) of Section 81 of Act deals with a case of deemed permit or takes care of a situation where pending renewal of a permit, a transport vehicle is playing on a public road.
The main legal point established in the judgment is the interpretation of permit conditions under the Motor Vehicle Act and the liability of the insurance company in a motor accident case.
A party should not suffer due to the negligence of their counsel; courts can remand cases for retrial to allow additional evidence.
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
The absence of a valid permit for the offending vehicle can impact the liability of the insurance company under the Motor Vehicles Act, 1988.
Deviation from the permit route does not absolve the insurance company from liability if the vehicle was used for its intended purpose.
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