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SANDEEP SHARMA
IFFCO TOKIO General Insurance Co. Ltd. – Appellant
Versus
Yash Pal – Respondent
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with award dated 6.4.2018, passed by the learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P., whereby tribunal below, while allowing the claim petition No. 27-S/2 of 2015 having been filed by the respondent No.1-petitioner, saddled the appellant-Insurance Company with liability to pay compensation to respondent No.1 to the tune of Rs.32,38,500/-alongwith interest at the rate of 8% per annum, appellant-Insurance Company has approached this Court in the instant appeal filed under Section 173 of the Motor Vehicles Act (in short “the Act”), praying therein to set-aside the aforesaid award passed by the learned MACT below.
2. Precisely, the undisputed facts relevant for adjudication of the case at hand are that on 14.4.2015, car bearing registration No. HP-14C-0208 being driven by respondent No.2, rashly and negligently, hit a motorcycle bearing registration No. HP-14B-2746 being driven by respondent No.1-Yash Pal, as a result of which, respondent No.1 suffered multiple injuries on his head, face and several parts of the body. Since accident took place due to rash and negligent driving of respondent No.2, pol
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The liability of the Insurance Company to pay compensation to a claimant is not absolved solely due to the dishonor of the premium cheque if the cancellation of the policy is not adequately proven to....
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.
Insurance company liability affirmed; compensation revised based on injury assessment and future loss.
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
The standard of proof in motor accident claims is based on the preponderance of probability, and the Tribunal's assessment of negligence and compensation was upheld due to lack of contradictory evide....
The main legal point established in the judgment is the assessment of permanent disability and loss of earning capacity in compensation cases under the Motor Vehicles Act. The court applied the princ....
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