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MANOJ KUMAR GARG
Reliance General Insurance Co. Ltd. – Appellant
Versus
Krishna – Respondent
JUDGMENT
1. Instant appeals have been filed under section 173 MV Act of the Motor Vehicles Act, 1988 against the judgment and award dated 04.06.2012 passed by learned Judge, MACT Jaitaran, District Pali in Claim Case no. 83/2009 whereby the learned Judge, MACT Cases has partly allowed the claim petition of the claimants for a sum of Rs.4,08,000/- along with simple interest @ 7.5% per annum from the date of filing of the claim petition and on account of violation of the condition of permit by the owner of the Truck, the appellant Insurance Company was directed to pay the awarded amount to the claimants and, thereafter, recover the same from the owner. The claimants has filed the appeal for the enhancement of the award amount whereas, the Insurance company has challenged the award.
2. Succinctly stated, facts of the case are that a claim petition was filed by the respondents no. 1 to 5 before the Motor Accident Claims Tribunal, Jaitaran District Pali, stating therein that on 17.05.2009, when the deceased Mahendra and Kishore Ram were travelling on motor cycle driven by one Om Prakash from Jaitaran towards Anandpur Kalu, when near Banjakudi they were hit by one Truck 409 no. RJ-19-GA-22
The court emphasized the application of the Second Schedule for calculating compensation under the MV Act.
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 ....
The main legal point established in the judgment is the interpretation of permit conditions under the Motor Vehicle Act and the liability of the insurance company in a motor accident case.
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....
The court established that compensation for minors in motor accident claims must be just and reasonable, emphasizing the insurer's initial liability to pay despite policy breaches, allowing for subse....
The court affirmed that compensation under Section 163A is payable regardless of the vehicle's permit status, emphasizing the structured formula for calculating compensation.
A claimant in a motor accident case is entitled to just compensation, which may exceed the claimed amount, ensuring the award reflects the injury's nature and financial impact.
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