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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
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, respectively whereby learned Claims Tribunal allowed claim application of the claimants in part, awarded Rs.2,55,000/- as total compensation in each claim applications and fastened the liability for payment of compensation to the non-applicants therein jointly and severally.
3. It is an admitted fact that after issuance of notice, the claimants have preferred five cross-appeals for enhancement of amount of compensation awarded by learned Claims Tribunal.
4. Brief facts of these appeals, in a nutshell, are that, on 17.10.2015 at about 12.30 PM, Fageshwar Yadav, Ku. Bharti, Ku. Punni Dhruw, Girjashankar Sahu and Ku. Khushi Sahu along with other students of the School were going
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....
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.
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