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J. C. DOSHI
Bajaj Allianz General Insurance Co Ltd – Appellant
Versus
Batuksinh Fatehsinh Jadeja Since Decd. Through Heirs – Respondent
JUDGMENT :
Being aggrieved and dissatisfied by the judgement and award dated 02.05.2008, passed by the Motor Accident Claims Tribunal (Aux). Gandhidham-Kutch in MACP No.266/05, whereby, a sum of Rs.16,04,000/- with interest at the rate of 8% per annum from the date of filing of the claim petition till payment is awarded to the present respondents Nos.1 to 3 (original applicants) as compensation under Section 166 of the Motor Vehicles Act, 1988, and the present appellant is held jointly and severally liable for payment of the 50% said sum, the present appellant has preferred the present First Appeal under Section 173 of the Motor Vehicles Act, 1988.
2. The short facts of the case are that on 15/6/2005 while deceased Batuksinh was proceeding in Maruti Zen Car from Mandvi to Kotda Nayani at while she reached near Amarnagar and Bharatgam situated in the middle of the Morbi-Kandla National High Way one truck bearing registration No. GJ-12-T-8681 was parked in the middle of the road without signal or indicator and in violation of the road regulation. Therefore, deceased who could not notice the parked truck dashed with the said truck and ultimately succumbed to the death. FIR being CR No.8
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
The court emphasized the principle of just compensation under the Motor Vehicles Act, mandating that insurance companies remain liable even if the policy is in the name of a deceased owner, provided ....
Point of Law : In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
The court affirmed the principle of just compensation under the Motor Vehicles Act, emphasizing that potential earnings should be considered when calculating dependency loss.
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