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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHUTOSH KUMAR
New India Assurance Co. Ltd. – Appellant
Versus
Nazma Bano Widow Of Nanne Khan – Respondent
JUDGMENT :
ASHUTOSH KUMAR, J.
1. As the present miscellaneous appeals have been filed against the common judgment and award dated 24.06.2017 passed by the learned Motor Accident Claim Tribunal, Bundi (hereinafter referred to as learned 'Tribunal’), the same are being heard and decided by the instant common judgment.
2. The instant appeals have been preferred by the appellants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘Act of 1988’), challenging the impugned judgment and award dated 22.07.2008 passed by learned Tribunal whereby, the claim petitions filed by the claimants were partly allowed. Aggrieved of the judgment and award dated 22.07.2008, appeals were filed before this Court and vide common order dated 23.05.2011, the Coordinate Bench of this Court set aside the findings of the learned tribunal and remanded back the claim petitions to be decided afresh by the learned Tribunal.
3. Learned Tribunal vide common judgment and award dated 24.06.2017 decided the claim petitions afresh in terms of compensation awarded in favour of the claimants. Hence, the present appeals were filed. This is the second round of litigation against the earlier award dated
Insurance companies cannot evade liability solely based on permit violations; they must demonstrate specific breaches of policy conditions according to the Motor Vehicles Act.
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 main legal point established in the judgment is the requirement for the insurer to establish a fundamental breach of the policy to avoid liability and the determination of notional income in the ....
The court upheld that failure to prove the invalidity of a driver's license imposes compensation liability on the insurer, reiterating principles for calculating dependency and future prospects in wr....
The insurer can be held liable for compensation despite policy breaches if negligence by the driver caused the accident, and overloading alone does not exempt liability unless it contributed to the i....
The court established that the calculation of compensation must consider the deceased's income, appropriate multiplier, and future prospects, independent of any pension received by the dependents.
The court established that contributory negligence must be proven, and compensation should be just and adequate, reflecting the actual loss suffered by the claimants.
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