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HIGH COURT OF GUJARAT
J. C. Doshi
HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Shivjibhai Shamjibhai Myatra – Respondent
| Table of Content |
|---|
| 1. appeal against tribunal's award (Para 1) |
| 2. insurance company claims exoneration (Para 2) |
| 3. findings on liability and breach (Para 3) |
| 4. insurer's liability despite breach (Para 4) |
| 5. appeal dismissed; insurer to pay (Para 5) |
ORDER :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant being aggrieved and dissatisfied with the judgment and award dated 6.6.2024 passed by the Motor Accident Claims Tribunal, Gondal in Motor Accident Claim Petition No.89 of 2018.
3. Having heard learned advocate Mr. Raval for the appellant, I may refer to findings of the learned Tribunal in para 26 to 30, which reads as under:-
27. In support of the case, the opponent No.2 insurance company has examined Sureshbhai Shankarji Padhiyar, RTO Inspector, Bhuj at Ex.52 wherein he has stated that the driver of Tractor No.GJ-12CD-3361 and Trailer No.GJ-12AV-2628 was holding driving licence to drive only Tractor and not trailer. If he wants to drive tractor with trailer in that case he has to obtain driving licence of TT (Tractor with Trailer). He has produced copy of extract of driving licence of driver of Tractor No.GJ- 12CD-3361 and Trailer No.
Insurance companies must pay compensation even if policy conditions are breached, unless the breach fundamentally contributed to the accident.
The Insurance Company is liable for compensation if it cannot prove the driver lacked a valid license at the time of the accident.
The main legal point established in the judgment is that the insurance company is not statutorily required to cover the liability for an unauthorised passenger in a goods vehicle, based on the interp....
The main legal point established in the judgment is the interpretation of policy conditions, specifically regarding the coverage of the deceased under IMT 28, and the determination of liability for c....
The main legal point established in the judgment is the liability of the insurance company to pay compensation and its recovery rights against the owner and driver of the offending vehicle, based on ....
Insurance companies can be held liable for compensation despite the driver's lack of a valid license if a valid insurance policy exists covering the accident.
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
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