Back
NUPUR BHATI
Shriram General Insurance Co. Ltd. – Appellant
Versus
Jethmal Singh S/o Kishan Singh – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. Both, the Civil Misc. Appeal, S.B. Civil Misc. Appeal No. 2811/2019 as well as the cross-objection, S.B. Cross Objection (Civil) No. 243/2020 are being decided by this common order, however facts of S.B. Civil Misc. Appeal No. 2811/2019 are illustratively taken for consideration.
2. The present civil misc. appeal has been filed by the appellant-Insurance Company, under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the judgment and award passed by the Judge, Motor Accidents Claims Tribunal, Barmer (Raj.) (‘Tribunal’) dated 17.07.2019 in MAC Case No. 214/07, whereby the learned Tribunal has partly allowed the claim filed by the respondent-claimants under Section 166, while awarding Rs. 8,43,760/- with interest @ 7% p.a. from the date of filing the claim, while fastening the liability upon the appellant-Insurance Company.
3. The present cross-objection has been filed by the respondent-claimants under Order 41 Rule 22 of the Code of Civil Procedure, 1908 (‘CPC’) assailing the award passed by the learned Tribunal whereby the respondent-claimants have been awarded a meager compensation of Rs. 8,43,760/- with interest @ 7% p.a. from 25.09.2017,
The court established that an authorized representative of goods remains covered under the insurance policy even when not physically carrying goods at the time of an accident.
The court ruled that the insurance company is liable for compensation despite the deceased traveling as a passenger in a goods vehicle, establishing non-exclusion of such passengers from coverage.
The main legal point established in the judgment is the requirement for the insurer to establish a fundamental breach of the policy to avoid liability and the determination of notional income in the ....
Claimants entitled to compensation under Motor Vehicles Act despite deceased's negligence; insurance policy covers third parties, affirming insurer's liability for damages.
The insurance company was held liable for compensation under the Motor Vehicles Act, with the court reaffirming the validity of the insurance policy and proper compensation assessment methodologies.
The insurer can be held liable for compensation despite policy breaches if negligence by the driver caused the accident, and overloading alone does not exempt liability unless it contributed to the i....
The liability of the insurer under a statutory policy is restricted to indemnify the insured in respect of claims made by third parties and the owner of goods or their authorized representatives who ....
The main legal point established in the judgment is the determination of liability to pay compensation under the Motor Vehicles Act, emphasizing the need for the Insurance Company to prove the violat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
