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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
United India Insurance Co. Ltd. – Appellant
Versus
Dileshwar Yadav S/o Bishal Yadav – Respondent
| Table of Content |
|---|
| 1. parties present arguments regarding negligence and liability. (Para 3) |
| 2. court observes evidence and supports tribunal's findings. (Para 4 , 5 , 6 , 7) |
| 3. court dismisses appeal, affirming previous ruling. (Para 8) |
JUDGMENT :
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant calling in question the legality, validity and correctness of the impugned award dated 27.10.2021 passed by the 2nd Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short ‘Claims Tribunal’) in Claim Case No. 298/2019, whereby learned Claims Tribunal has fastened the liability upon the Insurance Company/appellant here to pay the awarded a total sum of Rs.13,47,080/- as compensation for the death of Tejram Yadav who was a mason, aged about 22 years at the time of incident.
3. Mr. Utsav Mahiswar, learned counsel for the respondents/claimants, would support the impugned award passed by Claims Tribunal and oppose the prayer made by the learned counsel for the appellant.
5. Though the Insurance Company/appellant herein has taken the plea in the written statement that the driver of the truck is solely responsib
The court upheld the tribunal's finding of negligence against the driver and affirmed the Insurance Company's liability for compensation.
Point of Law : Even if by the fact that the driver and the owner did not appear before Tribunal, subject to a rider to prove that the owner proves that he had taken all cautions, recovery right is gr....
Insurance companies bear liability for claims unless evidence proves otherwise; failure to produce evidence can support findings of negligence.
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