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NUPUR BHATI
Kailash Puri son of Mangu Puri – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
JUDGMENT :
1. The appellants/non-claimants No.1 and 2 have preferred these misc. appeals under Section 173 of the M.V. Act, 1988 assailing the validity of the judgments and awards dated 21.12.2016 passed by learned Judge, Motor Accident Claims Tribunal, Pali (‘Tribunal’) in MAC Case Nos.230/2015 & 149/2015 respectively, whereby the learned Tribunal partly allowed the claim petitions filed by respective claimants and the liability to satisfy the award was fastened upon the appellants/non-claimants No.1 and 2 while exonerating the non-claimant No.3 i.e. insurance from its liability to satisfy the award.
2. Briefly stated, the facts of the case are that the respondents/ claimants filed claim petitions claiming compensation under Section 163-A and 140/166 of the M.V. Act, 1988 respectively on account of death of Ms. Chhotu @ Chhotu Kanwar and Sh. Guman Singh, who lost their life in vehicular accident which took place on 15.05.2015. The respondents/claimants in MAC Case No.230/2015 claimed compensation of Rs.4,34,000/-, whereas in MAC Case No.149/2015, the respondents/claimants claimed compensation of Rs.75,22,000/- on account of death of their sole breadwinner Sh. Guman Singh. In the cla
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
The burden of proof regarding a driver's valid licence lies with the vehicle's owner, absolving the Insurance Company from liability if not established.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The main legal point established in the judgment is the requirement for the Insurance Company to establish wilful breach on the part of the insured and the entitlement to recover the awarded amount f....
Insurance companies cannot evade liability for third-party claims solely due to a driver’s lack of valid license; they must prove the owner's negligence to avoid statutory obligations.
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