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PARTHIVJYOTI SAIKIA
Oriental Insurance Company Ltd. , Represented By The Regional Manager – Appellant
Versus
Bhanita Mali, D/o. Bharat Ch. Mali – Respondent
JUDGMENT :
(Parthivjyoti Saikia, J.) :
Heard Mr. S. Dutta, learned counsel representing the appellant as well as Mr. N. Baruah, learned counsel appearing for the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 21.06.2018, passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati in MAC Case No.518 of 2017.
3. On 18.12.2016 at about 9 A.M., the respondent/claimant was riding the back seat of a motorcycle bearing Registration No.AS-14-F-1395. Because of rash and negligent driving on the part of the driver of the motorcycle, it met with an accident. As a result, the claimant sustained injuries.
3. She filed an application before the Tribunal seeking compensation.
4. In the Tribunal, the appellant Insurance Company had contested the case by stating that the driver of the motorcycle did not have valid driving license at the time of the accident.
5. The Tribunal did not frame any issue on that point. Even then, the Tribunal held that the Insurance Company failed to prove the aforesaid fact.
6. Finally, the Tribunal directed the Insurance Company to pay compensation of Rs.8,41,540/-to the
The court reaffirmed that the burden of proof lies with the Insurance Company to demonstrate the absence of a valid driving license, and emphasized the legislative intent to provide compensation to v....
In the absence of credible evidence, the insurance company is liable to pay compensation for the violation of policy conditions.
The Insurance Company may not contest facts not raised in earlier proceedings, as liability was established against the driver for the motor accident leading to the claimant's death.
The central legal point established in the judgment is that the liability of the Insurance Company is determined by the validity of the driver's licence and the specific authorization to drive the ty....
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