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NUPUR BHATI
Bajaj Allianz GIC Ltd. – Appellant
Versus
Durga Kunwar W/o Sh. Bhupendra Singh – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. These misc. appeals have been filed by, both non-claimant and the claimants, under Section 173 of the M.V. Act, 1988 questioning the validity of the judgment and award dated 11.03.2024 passed by learned Judge, Motor Accident Claims Tribunal, Abu Road, District Sirohi (‘the Tribunal’) in MAC Cas No.97/2017 (CIS No.97/2017 : Rajendra Singh Chouhan vs. Kasnaram & Anr.) and MAC Case No.109/2017 (CIS No.109/2017 : Durga Kunwar & Anr. vs. Kasnaram & Anr.), whereby the learned Tribunal has awarded compensation in favour of claimant-Rajendra Singh Chouhan for the injuries suffered by him to the tune of Rs.1,28,000/-and Rs.3,50,000/-have been awarded in favour of claimants, Durga Kunwar and Bhupendra Singh for the death of Ms. Shivika along with interest @ 6% p.a. The liability to pay the compensation has been fastened upon the non-claimant No.2 insurance company. The claimants have filed misc. appeals for enhancement of the compensation awarded by the learned Tribunal.
2. All these four appeals arise out of same accident as also judgment and award are being heard together and disposed of by this judgment.
3. Briefly stated, the facts of the case are that claimant-
The judgment reinforces the principle that in motor vehicle accident claims, the burden of proof lies on the claimants to establish negligence, and the adequacy of compensation is determined based on....
The insurer is liable to pay compensation for passengers in a transport vehicle if the insurance policy covers such passengers, regardless of the driver's alleged lack of a valid license.
The court modified the compensation for a minor's death, reassessing the notional income and applying a multiplier of 15, resulting in a total of Rs.4,90,000/- with interest.
The court established that the driver of a stationary vehicle is solely liable for accidents due to improper parking without indicators, impacting compensation calculations.
The court reaffirmed the principle of compensation in motor vehicle accidents, emphasizing the assessment of future earnings and liability based on preponderance of probabilities.
Insurance companies cannot evade liability for compensation due to policy breaches if the vehicle was not used for hire and the driver was licensed.
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