Back
HIGH COURT OF GUJARAT
J. C. Doshi
Oriental Insurance Co Ltd. – Appellant
Versus
Himatbhai Valjibhai Chauhan – Respondent
JUDGMENT :
J. C. Doshi, J.
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellant – Insurance Company claimant being aggrieved and dissatisfied with the judgment and award dated 03.08.2013 passed by the Motor Accident Claims Tribunal, Bhavnagar in Motor Accident Claim Petition No.481 of 2008.
2. Facts of the case are as under :-
2.1. On 21.02.2008 at 8.30 pm, deceased Himmatbhai was going from village Talaja to village Tared by driving his motorcycle No.GJ-24-8562 and when he reached near place of accident, it met with an accident with stationary tractor No.GJ- 4-H-7006 and Trailer No.GJ-4-T-8484, which was parked without any signal and hence, deceased sustain fatal injuries, which resulted into his death.
2.2. The claimant filed claim petition under section 163A of MV Act being MACP No.481 of 2008 claiming compensation of Rs.6,00,000/- along with interest jointly and severally from the opponents.
2.3. After appreciating evidence on record, learned Tribunal was pleased to pass judgment and award in tune of Rs.4,17,500/- with 7.5% interest from the date of claim petition till realization and directed opponent nos.1 to 3 to pay compensatio
Liability in motor vehicle accidents requires clear evidence of vehicle involvement; both tractor and trailer must be insured separately.
Insurer's appeal admission via affidavit that policy covered third-party liability for tractor and trailer shifts liability to insurer under Section 149 MV Act, overriding tribunal's finding of no co....
The liability of an Insurance Company for a motor vehicle accident is determined based on the insurance coverage of the vehicles involved, and the court may dismiss additional claims if not raised th....
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 insurer of the tractor is liable for compensation despite the trailer's unregistered status; future prospects must be included in income assessment for dependency compensation.
Point of law: Accident claim – Compensation - Involvement of the trolley being used for commercial purpose and having an opportunity of cross-examination of the witnesses produced before the Tribunal....
Death in motor accident – Liability of tractor/its insurer extended to accident caused by tractor resulting in death of deceased who fell off Tractor trailer and suffered fatal injuries.
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
