Back
HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
MAHESHBHAI DOLUBHAI (MINOR) THROUGH LEGAL HEIRS – Appellant
Versus
VAJUBHAI GUJUBHAI GOHIL – Respondent
ORDER :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants – original claimants being aggrieved and dissatisfied with the judgment and award dated 20.03.2010 passed by the Motor Accident Claims Tribunal, Bhavnagar in Motor Accident Claim Petition No.807 of 2008.
2. Brief facts of the case are as under :
2.1 The brief fact of the present appeal is such that on 09.11.2008, at about 10.00 hours, the minor deceased was playing on road side and at that time, one Tempo No.GJ-4-Y-1059 came in rash and negligent manner and dashed with the minor deceased. As a result, the accident took place and deceased sustained severe injuries and succumbed to the injuries. Therefore, offence to that effect is registered before the Khuntvada Police Station vide FIR being I-C.R.No.40 of 2008. The parents of the deceased have filed aforestated claim petition under Section 163-A of the Motor Vehicle Act, 1988. The learned Tribunal vide impugned judgment and award dated 20.03.2010 has granted compensation to the tune of Rs.1,54,500/-. Hence, the present appeal.
3. Heard learned advocates for the respective parties.
4. Learned advocate Mr.Tailor for the claim
The Insurance Company must initially pay compensation for third-party claims, even if the vehicle owner breached policy conditions, allowing for subsequent recovery from the owner.
The main legal point established in the judgment is that the insurance company is required to first pay the claimants of the victim and thereafter recover from the owner of the offending vehicle in q....
The insurer must satisfy the compensation award despite the insured's breach of policy conditions unless it fundamentally contributed to the accident.
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
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.
Insurance companies must initially pay compensation even if the driver lacks a valid license, with the right to recover from the vehicle owner.
The principle of pay and recover applies when an insurer is exonerated from liability due to violations of policy conditions, ensuring claimants receive compensation despite such breaches.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
