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ANOOP KUMAR DHAND
Hem Singh – Appellant
Versus
Shamsher – Respondent
JUDGMENT
1. Feeling aggrieved by the impugned judgment and award dtd. 13/6/2011 passed by Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge (Fast Track) No.1, Beawar, District Ajmer in Claim Case No.09/2009(280/2007). The claimant-appellants (hereinafter referred as the claimants) have submitted that this appeal for enhancement of compensation amount and have also challenged the finding recorded by the Tribunal while deciding the issue No.2 and exonerating the Insurance Company from its liability to make payment of compensation.
2. Learned counsel for the appellants submitted that the amount of compensation granted by the Tribunal is on the lower side and requires suitable enhancement. He further submitted that while deciding issue No.3, the Tribunal has recorded a contradictory finding by saying that the driver of the vehicle was having a valid licence Ex.9 but the Tribunal has seriously erred in holding that since no evidence was produced by the driver owner of the vehicle that the driver of the vehicle was driving the vehicle on the instructions of the person having valid licence. Counsel further submitted that quashing the aforesaid finding recorded while
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.
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.
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
Motor Vehicles – Accident claim - Where violation of policy conditions was proved as the vehicle was being plied without valid permit, directed the insurance company to pay compensation to the claim....
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
The principle of pay and recover applies when an insurer is exonerated from liability due to violations of policy conditions, ensuring claimants receive compensation despite such breaches.
Point of Law : Purpose of keeping compensation is to safeguard the interest of the claimants. Since long time has elapsed, the amount be deposited in the Saving Bank Account of claimant(s) in a natio....
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