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NUPUR BHATI
United India Insurance Company Ltd. – Appellant
Versus
Kela Devi, Wife of Late Shri Dala Ram @ Daluram – Respondent
JUDGMENT :
(Nupur Bhati, J.)
1. The appellant/non-claimant No.3 has preferred the instant misc. appeal under Section 173 of the M.V. Act, 1988 assailing the validity of the judgment and award dated 18.04.2017 passed by learned Judge, Motor Accident Claims Tribunal-I, Jodhpur (‘Tribunal’) in MAC Case No.72/2013 (748/2014), whereby the learned Tribunal has awarded compensation in favour of claimants to the tune of Rs.2,29,500/- alongwith interest @ 8.5% p.a. from the date of filing the claim petition and the liability was fastened upon all non-claimants jointly and severally.
2. Briefly stated, the facts of the case are that the respondents No.1 and 2/claimants filed claim petition under Sections 163A of the M.V. Act claiming compensation on account of death of Ramniwas, who was ten months of age at the time of accident and lost his life in an accident, which took place on 03.05.2012. In the claim petition, it was inter alia stated that on 03.05.2012 at about 02:45 pm, Kamla Devi was returning from Village Jakhan to her village, after getting vaccinated to her brother-in-law’s son, namely, Ram Niwas on a motorcycle (RJ-19-8M-2598), which was driven by Hukma Ram. When they reached near
The court upheld the Tribunal's award of compensation, affirming that negligence need not be proved in claims under Section 163A of the M.V. Act.
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
The court modified the compensation for a minor's death, reassessing the notional income and applying a multiplier of 15, resulting in a total of Rs.4,90,000/- with interest.
The court upheld the Tribunal's decision attributing sole negligence to the bus driver for the accident resulting in the minor's death, dismissing claims of contributory negligence.
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
The court upheld the Tribunal's decision, affirming that the driver was solely negligent, and the deceased, being a minor, bore no responsibility for the accident.
The insurer must prove any policy exclusions regarding coverage for individuals injured in accidents, failing which they remain liable for compensation.
Insurance companies cannot evade liability without conclusive evidence of policy breaches, and the burden of proving contributory negligence lies with them.
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