Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
Bharti-Axa General Insurance Co. Ltd. – Appellant
Versus
Kamal Kumar – Respondent
| Table of Content |
|---|
| 1. discrepancies in covernotes (Para 12 , 13 , 14 , 15) |
| 2. court's conclusion on liability (Para 16 , 17) |
Judgment :
2. Since all these appeals arise out of the common judgment and award dated 01.09.2017 (hereinafter as ‘impugned award’)therefore, the same are being decided vide this judgment.
4. The respondent-owner, in its reply to the claim petitions, denied the allegations, stating that the accident occurred due to the negligence of the deceased themselves and not due to the fault of the respondent-driver. It was also submitted that the driver had a valid and effective driving license at the time of the accident and that the vehicle was insured with appellant-Insurance Company. If any compensation is awarded in favour of the claimants, the liability should be fastened solely on appellant-Insurance Company.
6. The claimants examined four witnesses and produced 23 documentary evidences (from Ex.1 to Ex.16). The respondents examined two witness and produced 20 documentary evidences (from Ex.NA-01 to Ex.NA-20).
8. Learned counsel for the appellant-insurance company submits that the learned tribunal has erred in fastening the liability on the appellant-insurance company as
The court affirmed the Tribunal's decision that the Insurance Company was liable for compensation as it failed to prove the vehicle was uninsured at the time of the accident.
The burden of proof lies with the insurance company to establish the authenticity of the cover note and the insurance coverage at the time of the accident.
The main legal point established in the judgment is that the validity of the insurance cover on the offending vehicle at the time of the accident is crucial in determining the liability of the insure....
The insurance company must prove allegations of fraud regarding a cover note to evade liability, which it failed to do.
A valid insurance policy exists even if subsequent payments are dishonored, and the insurance company remains liable for compensation in motor accident claims.
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
