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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 :
1. The Civil Misc. Appeal nos. 3210/2017, 3138/2017, 3139/2017 and 3140/2017 have been preferred by the appellant- Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (hereinafter as ‘the Act’) assailing the judgment and award dated 01.09.2017 passed by learned Judge, Motor Accident Claims Tribunal, Bikaner (hereinafter as ‘the learned Tribunal’) in MAC Case Nos. 36/2013, 37/2013, 38/2013 and 39/2013 and whereby the learned Tribunal partly allowed the claim petitions filed by the respective claimants under Section 166 of the Act and awarded compensation of Rs.01,50,000/-, Rs.06,19,792/-, Rs.07,40,368/- and Rs.04,81,336/- respectively in favour of respective claimants along with interest @7% p.a. from the date of filing the respective claim petitions, while fastening the liability upon the appellant/insurance company along with the respondent/owner and respondent/driver, jointly and severally.
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
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.
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