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SANDEEP N. BHATT
United India Insurance Co. Ltd. – Appellant
Versus
Fatmaben Ismailbhai – Respondent
JUDGMENT :
Sandeep N. Bhatt, J.
1. This appeal is filed by the appellant-insurance company under Section 173 of the Motor Vehicles Act, 1988 (`MV Act' for short), being aggrieved and dissatisfied with the judgment and award dated 23.8.2005 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot in MACP No.52 of 2000, whereby the claim petition of the claimants was partly allowed and the original opponents were ordered to pay the amount of compensation of Rs.10,82,000/- along with proportionate costs and interest thereon at the rate of 9% p.a. from the date of filing till realization.
2. The brief facts leading to filing of this appeal are such that the alleged incident occurred on 18.8.1999, when the deceased and his son had gone to Ahmedabad to sell groundnut seeds and when they were returning back to their native at Veraval in the truck no.GJ-1T-6899 on 17.9.1999 and when the truck reached nearby the bridge of Madhuvan river, at that time, driver of truck lost control over the steering resulting into falling down the entire truck below the bridge as a result of which, the deceased sustained grievous injuries and succumbed to the injuries for which the heirs and legal representat
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 that the insurance company is not liable to pay compensation for unauthorized passengers in goods vehicles, based on the interpretation of relevant....
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....
Amendment to Motor Vehicles Act, 1988 mandates insurers to cover liabilities for owners of goods traveling in goods vehicles, ensuring entitled compensation for injuries sustained.
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 main legal point established in the judgment is the application of the principle of 'pay and recover' in specific circumstances and the exercise of plenary powers under article 142 of the Constit....
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