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NUPUR BHATI
United India Insurance Co. Ltd. – Appellant
Versus
Prahlad S/o Shri Bhiyan Ram – Respondent
JUDGMENT :
1. These appeals have been preferred by the appellant/non-claimant insurance company and claimants under Section 173 of the M.V. Act, 1988 assailing the judgment and award dated 25.11.2014 passed by learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in MAC Cases Nos.154/2011, 155/2011, 156/2011, 157/2011 and 60/2012, whereby the learned Tribunal has partly allowed 4 claim petitions filed by respective claimants and awarded compensation in favour of respective claimants. The liability to satisfy the award was fastened upon all the non-claimants jointly and severally. The learned Tribunal, however, rejected the MAC Case No.60/2012, preferred by claimants Dhaglaram and Maya Devi claiming compensation on account of death of their daughter deceased Guddi @ Kirti.
2. All these nine appeals, arising out of same accident, are being decided by this common judgment, however, the facts illustratively taken of CMA No.452/2015 : United India Insurance Co. Ltd. v. Prahlad & Ors.
3. Briefly stated, the facts of the case are that the claimants filed claim petitions under Section 166 of the M.V. Act, 1988 claiming compensation on account of death of Sh. Sanjay Kumar, Kir
Insurance companies cannot evade liability for compensation due to policy breaches if the vehicle was not used for hire and the driver was licensed.
An 'Act Only Policy' does not cover occupants in a vehicle, and courts must assess compensation based on established minimum wage standards and proper multipliers.
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
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 main legal point established in the judgment is the application of legal provisions under the Motor Vehicles Act, particularly Sections 165, 166, 149, 2(21), and 2(47), in determining the compens....
The court recalculated compensation for deceased victims based on proper income assessment and future prospects, while affirming the award for the injured party, emphasizing the need for valid drivin....
The court affirmed that compensation for a non-earning spouse must be calculated as a third of the earning spouse’s income, despite the absence of a vehicle permit not exempting insurance liabilities....
Negligence in vehicle accidents is evaluated under civil standards where eyewitness testimony is critical, irrespective of contradictions in criminal proceedings, impacting compensation assessment.
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