Back
IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Oriental Insurance Co. Ltd. – Appellant
Versus
Saraswati Haloi,W/o Late Gokul Haloi – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of the motor vehicle claim. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. parties' contentions regarding recovery modes and interest calculation on future prospects. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. binding nature of larger bench decisions on the pay-and-recover recovery mechanism. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. interest cannot be awarded on future prospects compensation component. (Para 28 , 29 , 30) |
| 5. judicial order regarding disbursement of funds and disposal of the appeal. (Para 31 , 32 , 33 , 34 , 35) |
ORDER :
MRIDUL KUMAR KALITA, J.
[1] Heard Ms. R. D. Mozumdar, the learned counsel for the appellant insurance company. Also heard Mr. K. K. Dey, the learned counsel for the respondent Nos. 1 and 2/ claimants.
[2] This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the Oriental Insurance Company Limited impugning the judgment and award dated 17.01.2025, passed by the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati in MAC Case No. 2640/2019, whereby the Motor Accident Claims Tribunal had directed the present appellant to pay the compensation amount
The insurer is liable to pay compensation to claimants in cases of policy breach with the right to recover from the owner. Furthermore, interest is not payable on the future prospects component of co....
Insurance companies are liable to pay interest on compensation amounts, including future prospects, to ensure claimants are not unjustly deprived of timely financial relief.
The insurer is primarily liable to pay compensation to accident victims, with the right to recover from the vehicle owner, reinforcing the social welfare purpose of the Motor Vehicles Act.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The main legal point established in the judgment is the application of the principle of 'pay and recovery' in directing the Insurance Company to pay the compensation amount to the claimants first and....
The main legal point established in the judgment is the liability of the insurance company to pay compensation to the claimants even if the driver of the insured vehicle does not have a valid license....
The insurer may exercise the right to recover compensation paid to claimants if it proves that the insured violated policy terms crucial to the cause of the accident.
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
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
