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ANOOP KUMAR DHAND
Om Prakash Jain – Appellant
Versus
Sita – Respondent
JUDGMENT
1. Since the controversy involved in both the misc. appeals arise out of a common judgment and award, hence same are being decided together.
2. Both the appeals have been filed against the judgment and award dated 11.11.2013 passed by the Motor Accident Claims Tribunal (Special Judge), Jaipur in MAC case No.181/2011 by which the claim petition filed by the claimants was allowed, but the Insurance Company has been exonerated from its liability to make the payment of compensation and the driver and owner of the vehicle have been directed to pay the amount of compensation as determined by the Tribunal.
3. Learned counsel for the appellant-owner of the vehicle as well as counsel for the claimants-appellants submit that while deciding the issue No.3, the Tribunal has held that there was no permit of the vehicle and only on this ground the Insurance Company has been exonerated from its liability. They further submit that the issued involved in these appeals have already been decided by the Hon'ble Apex Court in the case of Amrit Paul Singh and anr. v. TATA AIG General Insurance Company ltd. & Ors. Reported in AIR 2018 SC 2662. Learned counsel further submit that following the afore
The main legal point established is that the Insurance Company is liable to pay compensation to the claimants and recover the same from the driver and owner of the vehicle, based on the principles la....
The main legal point established in the judgment is the liability of the insurance company in cases where the offending vehicle was being driven without a valid permit, applying the principle of 'pay....
The absence of a permit under Section 66 of the Motor Vehicles Act constitutes a statutory infraction, necessitating liability to be established by evidence.
The insurance company is liable to pay compensation and can recover the same from the owner and driver of the offending vehicle.
The principle of 'pay and recover' in the context of the liability of the Insurance Company under the Motor Vehicles Act.
The central legal point established is the obligation of the Insurance Company to satisfy the compensation award, highlighting the beneficial nature of the Motor Vehicles Act.
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