Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
IFFCO Tokiyo General Insurance Company Limited – Appellant
Versus
Peel Singh Yadav S/o Late Shri Tetkuram Yadav – Respondent
| Table of Content |
|---|
| 1. appeals concerning the same accident are grouped. (Para 1 , 2 , 3) |
| 2. fatal accident involving minors and compensation claims. (Para 4 , 5) |
| 3. insurance liability contested by driver and insurer. (Para 6 , 7) |
| 4. assessment of compensation based on age and loss of dependency. (Para 8 , 15 , 18) |
| 5. claims for enhanced compensation supported by case law. (Para 10 , 11) |
| 6. support for legal principles of passenger safety and insurance conditions. (Para 17 , 20 , 21) |
| 7. insurance company directed to pay and recover. (Para 22 , 23) |
| 8. doctrine of pay and recover considered. (Para 24 , 27) |
| 9. final orders regarding compensation payment and recovery. (Para 28 , 29 , 30) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. As all the five appeals arise out of same accident and common question is involved in it, therefore, they have been clubbed together, heard together and being disposed of by this common judgment.
2. Challenge in all these appeals is to the award dated 13.12.2017 passed by the learned Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case Nos.193/2016, 190/2016, 189/2016, 192/2016 and 191/2016, r
The court established that compensation for minors in motor accident claims must be just and reasonable, emphasizing the insurer's initial liability to pay despite policy breaches, allowing for subse....
An insurance policy breach due to vehicle unfitness does not exempt the insurer from compensating victims; they may recover from the owner after payment, affirming the principle of 'pay and recover'.
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
The main legal point established in the judgment is the liability of the insurance company to pay compensation to the claimants even if the driver of the insured vehicle does not have a valid license....
Insurance Company liable for full compensation despite claims of limited liability under Workmen's Compensation Act.
The court emphasized the proper assessment of compensation under various heads and the application of legal principles in determining the liability of the Insurance Company.
The insurer may exercise the right to recover compensation paid to claimants if it proves that the insured violated policy terms crucial to the cause of the accident.
The insurer is primarily liable to pay compensation to accident victims, with the right to recover from the vehicle owner, reinforcing the social welfare purpose of the Motor Vehicles Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
