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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
| Table of Content |
|---|
| 1. consolidation of multiple appeals arising from the same incident. (Para 1 , 2) |
| 2. circumstances surrounding the accident and claimant's compensation claims. (Para 6 , 7 , 11) |
| 3. arguments on liability and violations of insurance policy. (Para 10 , 12 , 15) |
| 4. legal requirements for vehicle fitness and insurance. (Para 18 , 21 , 22) |
| 5. court directive on compensation and recovery against the offending vehicle's owner. (Para 34 , 49) |
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 compe
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.
Insurance company is not liable for compensation when driver lacks valid endorsement for hazardous goods transport, reversing Claims Tribunal's decision.
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.
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