Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
New India Assurance Co. Ltd. – Appellant
Versus
Gambhirsinh Ishwarsinh Sisodiya – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
[1.0] This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant–original opponent No.3 – The New India Assurance Company Ltd. against the judgment and award dated 04.09.2025 passed by the learned Motor Accident Claims Tribunal (Auxi.), at Deodar, District Banaskantha (for short referred to as “learned Tribunal”) in Motor Accident Claim Petition No.21 of 2023 filed under Section 166 of the Motor Vehicles Act, 1988 (for short referred to as “MV Act”) whereby the learned Tribunal has partly allowed the claim petition of respondent Nos.3 and 4 herein – original claimants and awarded compensation of Rs.56,81,160/- with interest at the rate of 7.5% per annum from the date of the claim petition.
[2.0] The brief facts of the present claim petition are that the accident took place on 26.11.2023, when Hiralben (hereinafter referred to as “deceased”) was travelling as a pillion rider on Motorcycle No.GJ-01-LU-7832 being driven by her relative namely Hiren Parmar and while they were going from Shahpur to Bopal on the said motorcycle being driven at moderate speed on the correct side of the road and on reaching near Shivranjan
The insurance company must prove any defenses it raises regarding liability; failure to present specific evidence for claims of driver being under alcohol influence does not absolve liability for com....
The onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
The court emphasized the need for sufficient evidence to establish an insurer's liability based on driver intoxication, ruling that lack of proof resulted in the insurer's responsibility for compensa....
Negligence in motor vehicle accidents can be established through a charge sheet, and insurance liability persists unless proven otherwise.
The court upheld the insurance company's liability despite claims of policy violations, confirming that valid insurance coverage is paramount unless proven otherwise.
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
