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MALASRI NANDI
National Insurance Company Limited, Represented By Its Regional Manager, Guwahati, Assam – Appellant
Versus
Dinesh Talukdar @ Dinesh Ch. Talukdar, S/o. Late Harendra Nath Talukdar – Respondent
JUDGEMENT :
1. Heard Mr. S. Roy, learned counsel for the appellant. Also heard Mr. R. Deka, learned counsel for the claimants/respondents.
2. This appeal is filed by the appellant/insurance company challenging the judgment and award dated 20.09.2016 in MAC case No. 1486/2013 passed by the ld. Member, MACT No.2, Kamrup(M), Guwahati, awarding an amount of Rs.2,62,480/-in favour of the injured/claimant.
3. The brief facts of the case is that on 21.03.2013 at about 11 a.m. while the claimant/respondent was proceeding from his residence towards his office by riding his Scooter bearing Regd. No. AS-25-A-9076 and on the way to his office at Dispur, Lakhiminagar Tiniali, one Auto Van bearing Regd. No. AS-15C-4438 coming from the same direction in a rash and negligent manner knocked him down as a result of which, he sustained grievous injuries on his person. Immediacy, after the occurrence, he was taken to Dispur Hospital, where he was treated as an indoor patient.
4. After the accident, one case was registered vide Hatigaon P.S. case No. 99/2013 under Sections 279/337/338 IPC. At the relevant time of accident, the alleged offending vehicle was duly insured with National Insurance Company Lt
The main legal point established in the judgment is that the insurance company is liable to indemnify the claimants unless it can be proved that the insured was aware of the fake license and still pe....
The insurer's liability under the Motor Vehicles Act is contingent upon proving that the driver was unlicensed and that the vehicle owner was aware of this fact; mere allegations of a fake license do....
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