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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Tata A.I.G. General Insurance Company Limited – Appellant
Versus
Sundar Singh Sidar, S/o. Late Pirit Sidar – Respondent
| Table of Content |
|---|
| 1. origin of the appeal and basis for compensation. (Para 1 , 2) |
| 2. arguments on policy coverage and insurance liability. (Para 3 , 4) |
| 3. judicial observations on the insurance claim. (Para 5 , 6) |
| 4. ratio decidendi establishing liability without valid license proof. (Para 7) |
Judgment on Board :
Sanjay K. Agrawal, J.
1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the award dated 05.07.2022 passed by the First Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.63/2020, whereby the claim application of the claimants has been allowed and an amount of compensation of Rs.15,00,000/- has been awarded along- with interest @ 9% per annum from the date of filing of claim application for the death of owner-cum-driver of the offending motor-cycle.
2. Deceased Ganpat Sidar was the owner of the offending motorcycle bearing No.CG 06 GN 8411 and while driving the said vehicle, he met with an accident and died. The said vehicle was insured with the appellant insurance company from 11.03.2019 to 10.03.2024. On the death of Ganpat Sidar, the claimants
Insurance liability for owner-cum-driver remains if no valid license proof is provided by the insurer; coverage extends to claimed amounts under the policy.
Liability of the insurance company to pay compensation on behalf of the owner in case of a motor vehicle accident is contingent upon the owner's compliance with the conditions of the insurance policy....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
Insurance companies can be held liable for compensation despite the driver's lack of a valid license if a valid insurance policy exists covering the accident.
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