Back
MARLI VANKUNG
National Insurance Company Limited, Rep. By The Manager – Appellant
Versus
Tunu Das, W/o. Late Minaram Das – Respondent
JUDGMENT :
(Marli Vankung, J.) :
Heard Ms. R. D. Mozumdar, learned counsel for the appellant along with Mr. A.K. Gupta, learned counsel for the respondent Nos. 1 and 2.
2. This is an appeal filed under Section 173(1) of the Motor Vehicle Act, 1988, against the Judgment & Award dated 29.12.2018 passed by the learned Member, Motor Accident Claim Tribunal No. 1, Kamrup (M), Guwahati in M.A.C. Case No. 37/2016.
3. Brief facts of the case is that on 25.07.15 at about 6.15 PM, the deceased Minaram Das, was proceeding on foot on the extreme left side of the road and when he reached Rupahimukh, all of a sudden a vehicle bearing no. AS-06/TC-32 B which was coming from Guwahati side in a high speed knocked him from his backside, as a result of which he sustained grievous injuries on his person and died on 18.08.15 in the hospital. Sivasagar PS registered a case vide PS Case no. 699/15 u/s 279/338/304-A IPC regarding the accident.
4. The claimants who are the wife and the son of the deceased Minaram Das has claimed compensation to the tune of Rs. 30,00,000/- under Section 166 r/w Section 140 of the MV Act. OP No. 3, driver of the offending vehicle, did not contest the case and the case proceeded
The court established that compensation under the Motor Vehicle Act requires proof of a valid driving license, and the principle of 'pay and recover' applies when the license is not proven.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
An insurance policy breach due to vehicle unfitness does not exempt the insurer from compensating victims; they may recover from the owner after payment, affirming the principle of 'pay and recover'.
The standard of proof in motor accident claims is preponderance of probabilities, not strict proof, affecting liability and compensation.
The court reiterated that in civil claims like those under the Motor Vehicles Act, establishing claims by preponderance of probability suffices, promoting victim compensation over procedural technica....
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
