Back
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 :
J. C. Doshi, J.
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.
2. Learned advocate for the appellant seeks complete exoneration of the appellant insurance company on the ground that the deceased was travelling as an unauthorized passenger in the tractor and trailer, whereby sitting capacity is one plus one. He would further submit that the learned Tribunal committed serious error in fastening the liability upon the insurance company at the fist instance and to recover the same from the owner in case where complete breach of terms and conditions of the insurance policy is believed. Upon such submission, he prays to admit the appeal.
3. Having heard learned advocate Mr. Raval for the appellant, I may refer to f
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....
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
