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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MARLI VANKUNG
New India Assurance Co. Ltd. – Appellant
Versus
Vanlalruati D/o R. Ralkunga – Respondent
| Table of Content |
|---|
| 1. summary of case facts and compensation awarded. (Para 2 , 3 , 4) |
| 2. appellant challenges the compensation amount and driver's employment status. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis addresses evidence and applicability of case law. (Para 13 , 14 , 15 , 16) |
| 4. court affirms decision, dismisses appeal. (Para 17 , 18) |
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. Lalfakawma, learned counsel for the appellant. Also heard Mr. Johny. L. Tochhawng, learned counsel for respondent No. 1/claimant and Mr. Roshan Subedi,learned counsel for respondent No. 2.
2. The instant appeal is filed u/s 173 of the Motor Vehicle Act, 1988, against the Judgment & Award dated 05.07.2023, passed by the Ld. Member – cum – Presiding Officer, MACT, Aizawl in MACT Case No. 21 of 2019, awarding a compensation of Rs. 31,83,000/- (Rupees Thirty One Lakhs Eighty Three Thousand) only to the claimant to be paid by the Insurance Company/appellant with an interest of 7% p.a from the date of filing the claim application in MACT Case No. 21 of 2019.
3. The brief facts of the case is that on 15.02.2018 at around 3:00 p.m, one Tank Lorry (TATA) B/R No. MZ – 05 – 8834 belonging to the Managing Direct
The court affirmed that insurance companies must raise liability defenses at trial; failure to do so restricts their arguments on appeal, particularly regarding employment coverage and income assessm....
The main legal point established in the judgment is the reduction of compensation for the death of the driver to the extent of 25% of the total award due to the driver's contributory negligence.
The burden of proof on the insurer to establish a breach of policy conditions rests heavily on them when contesting claims, particularly regarding the driver's qualifications and potential negligence....
Age of deceased should be basis for applying multiplier.
An 'Act Only Policy' does not cover occupants in a vehicle, and courts must assess compensation based on established minimum wage standards and proper multipliers.
The court established that the driver of the offending vehicle was negligent, affirming the liability of both the driver and the insurer for compensation under the Motor Vehicles Act.
Insurance companies cannot evade liability for compensation due to policy breaches if the vehicle was not used for hire and the driver was licensed.
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
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