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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
New India Assurance Company Limited – Appellant
Versus
Pushpa Manikpuri Wd/o Late Devendra Das Manikpuri – Respondent
JUDGMENT :
AMITENDRA KISHORE PRASAD, J.
1. As all the three 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 the appeals is to the award dated 07.02.2018 passed by the 6th Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case No.471/2015 whereby learned Claims Tribunal allowed claim application of the claimants in part, awarded Rs.45,58,556/- as total compensation along with interest @ 7.5% per annum from the date of filing of the claim application till its realization and fastened the liability for payment of compensation to the non-applicants therein i.e. owner, driver and insurer of the offending vehicle jointly and severally.
3. MAC No.636/2018 has been filed by the Insurance Company while challenging the impugned award whereby the liability was fastened upon the insurer of the offending vehicle.
4. MAC No.619/2018 has been filed by the owner of the offending vehicle questioning the liability fastened upon the owner and driver of the offending vehicle whi
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'.
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....
Absence of a valid fitness certificate for a vehicle constitutes a fundamental breach of the insurance policy, thereby impacting liability and compensation assessment.
Insurer remains liable despite absence of vehicle fitness certificate, emphasizing negligence as core to compensatory claims under Motor Vehicles Act, enabling courts to enhance compensation based on....
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
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