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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
ZALUBHAI DIPABHAI RATHVA – Appellant
Versus
SANJAYBHAI RAMESHBHAI RATHVA – Respondent
| Table of Content |
|---|
| 1. accident details and claim (Para 1 , 2 , 3 , 5) |
| 2. arguments regarding insurance liability (Para 4) |
| 3. discussion on driver's license (Para 6) |
| 4. insurer's liability despite breach (Para 7) |
| 5. court's directive to insurer (Para 8) |
ORDER :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – original claimant being aggrieved and dissatisfied with the judgment and award dated 08.12.2021 passed by the Motor Accident Claims Tribunal, Bodeli in Motor Accident Claim Petition No.39 of 2021.
2. Brief facts of the case are as under :
2.1 The brief fact of the present appeal is such that on 15.12.2014, the claimant was riding his motorcycle No.GJ-6-AQ-4683 along with his friend and going towards Bhesavai. When they reached near the place of accident, opponent No.1 came riding motorcycle No.GJ-6-DM-5192 in rash and negligent manner and dashed with the motorcycle of the claimant. As a result, the accident took place and claimant sustained severe injuries. Therefore, offence to that effect is registered before the Karali Police Station vide FIR being I-C.R.No.31 of 2014. The claimant has filed aforestated claim petition under Sec
The insurer must satisfy the compensation award despite the insured's breach of policy conditions unless it fundamentally contributed to 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.
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 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 the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
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