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MADAN GOPAL VYAS
Oriental Insurance Company Ltd. – Appellant
Versus
Ramesh Chander S/o. Shri Laxmilal – Respondent
JUDGMENT :
S.B. CMA No.1101/2001:
1. The instant appeal has been preferred by the appellant-the Oriental Insurance Company Ltd. against the judgment and award dated 25.08.2021 passed by the learned Judge, Motor Accident Claims Tribunal, Udaipur (hereinafter referred to as “the learned Tribunal” for short) in MAC case No.132/1996, whereby the claim application filed by the respondents-claimants on account of the death of grand-father of the respondents-claimants, namely, Laxmi Narayan in a road accident, which was occurred on 11.08.1995, was partly allowed and they were granted total compensation of Rs.82,000/- with interest at the rate of 9% per annum from the date of filing of the claim application, i.e., 09.01.1996.
2. The appellant-Insurance Company has approached this Court assailing the award, whereby the learned Tribunal has held that the non-claimants Nos. 1 to 3 are liable to indemnify the award amount jointly and severely.
3. Briefly stated facts of the case are that on 11.08.1995 at about 7:30 P.M., when deceased Laxmi Narayan was walking at Dabok to Udaipur Road, then near the road of Vidya Peeth Office, a vehicle bearing No.RJH-643 (hereinafter referred to as “the offending
The court ruled that the Insurance Company is liable to pay compensation first, despite the driver's invalid license, and established guidelines for calculating future prospects and multipliers in co....
The main legal point established is that the Insurance Company is not liable to pay compensation when the driver did not have a valid license at the time of the accident, as per Section 149 of the MV....
The insurer's liability under the Motor Vehicles Act is contingent upon proving that the driver was unlicensed and that the vehicle owner was aware of this fact; mere allegations of a fake license do....
The main legal point established is that a person holding a learner's licence is considered 'duly licensed' and the insurance company is liable to pay compensation to the claimants and later recover ....
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
The court emphasized the validity of the driver's license and the reasonableness of the compensation awarded by the Tribunal.
The insurance company is liable to pay compensation to the victims of a road accident caused by an insured vehicle, even if the driver's license was suspended at the time of the accident, provided th....
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