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NUPUR BHATI
United India Insurance Co. Ltd. – Appellant
Versus
Samaaram, S/o. Chimnaram – Respondent
JUDGMENT :
Nupur Bhati, J.
1. These appeals have been preferred by the Appellant/Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (hereinafter as ‘the Act’) against the common judgment and award dated 11.08.2016(hereinafter as ‘the impugned award’) passed by learned MACT whereby the learned tribunal has partly allowed claims of the respective claimants in MAC Case no. 414/2015 (Injury matter), MAC Case No. 413/2015 (Injury matter), MAC Case No. 416/2015 (Death matter), MAC Case No. 417/2015 (Death matter), MAC Case No. 415/2015 (Injury matter), MAC Case No. 419/2015 (Death Matter), MAC Case No. 589/2015 (Death matter) and MAC Case No. 418/2015 (Death matter) and the Appellant/Insurance Company along with the Owner and driver of the offending vehicle has been held jointly and severally liable to pay the compensation. These appeals have been filed seeking quashing of the impugned award in respect of the above Claim petitions. As these appeals arise out of the same accident the facts of appeal no. S.B. C.M.A. No. 2729/2016 are being taken, illustratively.
2. Briefly stated, the facts of the case are that on 26.08.2012 the claimants, after getting Eye Surgery/Eye Treatm
The court established that a vehicle must have a valid permit and meet specific criteria to be classified as an ambulance for insurance liability purposes.
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
The absence of a valid permit for a vehicle involved in an accident absolves the Insurance Company from liability for compensation under the Motor Vehicles Act.
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A driver with a light motor vehicle license can operate a light goods vehicle under 7500 kg without needing specific authorization, and insurance liability cannot be denied for vehicles under 3000 kg....
Liability of the insurance company in a motor accident case and the inapplicability of permit condition violation as a defense under Section 149(2) of the Motor Vehicles Act
Insurer remains liable despite absence of vehicle fitness certificate, emphasizing negligence as core to compensatory claims under Motor Vehicles Act, enabling courts to enhance compensation based on....
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