Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
Tata Aig General Insurance Company Ltd. – Appellant
Versus
Tianaro – Respondent
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
Heard Mr. V. Devnath, learned counsel for the appellant as well as Mr. I. Apok Pongner, learned counsel for the respondent Nos. 1 and 2 and Mr. N. Longkumer, learned counsel for respondent No. 3. 1. This is an appeal under Sections 173 of the Motor Vehicle Act, 1988 , against the judgment and award dated 27.08.2019 passed by the learned MAC Tribunal, Mokokchung, Nagaland, in MAC case No. 12/2018 wherein the respondent/claimants were awarded a sum of Rs. 9,15,600/- (One lakh fifteen thousand six hundred). The appellant is the Tata AIE General Insurance Company, represented by learned counsel Shri. V. Devnath.
2. The main ground taken by the present appeal amongst others is that, the owner of the vehicle did not effectively contest the case on merits and as such, the learned tribunal should have granted permission to the appellant/Insurer under Sections 170 of the Motor Vehicle Act, to contest the case of merits, but the same benefit was denied.
3. Another ground taken by the appellant is that the insurance policy exhibited by the claimant in the instant claim case as exhibit P3 is false and fabricated, a
An insurer can only appeal on statutory grounds unless permitted under Section 170 of the Motor Vehicle Act; new grounds cannot be raised in appeal if not previously presented.
Insurance companies cannot appeal on merits in compensation claims without following statutory procedures under the Motor Vehicles Act.
Insurer's right to appeal against compensation awards is limited unless conditions under Section 170 of the Motor Vehicles Act are satisfied.
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
Insurance liability is contingent on the validity of the driver's license; if the driver has a fake license, the Insurance Company cannot be held liable for compensation.
The main legal point established in the judgment is the interpretation of due diligence, inadvertence, and the necessity for additional evidence to pronounce judgment.
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
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
