Back
MARLI VANKUNG
New India Assurance Co. Ltd. – Appellant
Versus
Mamta Das – Respondent
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. R. Goswami, learned counsel for the appellant along with Mr. B.K. Jain, learned counsel for respondent Nos. 1-3.
2. The instant appeal is filed under Section 173 of the Motor Vehicles Act of 1988 against the Judgment & Award dated 05.07.2014 passed by the learned Additional District Judge No. 2, Kamrup (M) in MAC Case No. 2277/2010 filed under Section 166 of the Motor Vehicles Act, 1988.
3. The facts of the case narrated in the impugned Judgment in brief is that, on 06.11.2010 at about 12 midnight, while the deceased Abhijit Das was coming by his own Motor Cycle bearing Registration AS-01/AH-5390 from Maligaon Chariali towards Lachit Nagar, when he reach Maligaon Railway Gate No. 3, the offending vehicle AS-91-AP/4138 (Santro Car) driven in a rash and negligent manner knocked him down from the back side. As a result of the accident, the said Abhijit Das sustained grievous injuries and was immediately admitted at GNRC Hospital, Guwahati. However, on 09.11.2010 the said Abhijit Das succumbed to his injuries and the post mortem on the death body was conducted in the hospital.
4. At the relevant time the Santro Car was driven by the opposite parties
The main legal point established in the judgment is the court's authority to set aside an order obtained by fraud and the importance of proper investigation by the Insurance Company.
Fraud vitiates all judicial acts; a judgment obtained through fraud is void ab initio and must be set aside.
Compensation in motor vehicle accident claims assessed on preponderance of probability; strict proof and police investigation not necessary for entitlement.
(1) Appeal under Section 173 of Motor Vehicles Act, is essentially in nature of first appeal like Section 96 of Civil Procedure Code – High Court is under legal obligation to decide all issues both o....
The main legal point established in the judgment is the requirement for authentic and consistent evidence in compensation claim cases under the Motor Vehicles Act, 1988.
Fraud in legal claims must be adequately substantiated; discrepancies in documentation alone do not invalidate awards unless malicious intent is proven.
The insurer is liable for compensation regardless of alleged fraud concerning the insurance policy, which must be proven by the insurer.
The claimant must establish the occurrence of an accident with corroborative evidence; reliance solely on witness testimony without supporting documentation is insufficient for compensation.
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
