Back
SANJAY DHAR
Raj Kumar – Appellant
Versus
Munshi Ram – Respondent
JUDGEMENT
1. Instant appeal has been preferred by the appellant/claimant against award dated 10.10.2009 passed by the Motor Accidents Claims Tribunal, Jammu (for short the Tribunal), whereby a sum of Rs. 2,70,000/- along with interest at the rate of 7.5% per annum has been awarded as compensation in favour of the appellant/claimant and against the owner of the offending vehicle i.e. Respondent No. 1 herein. It is pertinent to mention here that Respondent No. 3-insurer has been exonerated from its liability to pay the compensation.
2. It appears that on 03.05.2002 while appellant was proceeding on his Scooter, on reaching Last Morh, Gandhi Nagar, Jammu, a Matadoor bearing Registration No. JK02L 0168 came from behind and it collided against the Scooter of the appellant resulting in grievous injuries to him. The accident is alleged to have taken place due to rash and negligent driving of the Matadoor by its driver, Respondent No. 2 herein. The appellant/ injured filed a claim petition before the Tribunal wherein he claimed that due to the accident, he had suffered 20% permanent disa
An insurer has a statutory duty to pay compensation even if it successfully defends a claim, with the right to recover from the vehicle owner.
The insurer is primarily liable to pay compensation to accident victims, with the right to recover from the vehicle owner, reinforcing the social welfare purpose of the Motor Vehicles Act.
Insurance companies are liable to compensate accident victims even if the driver lacks a valid license, as per the Motor Vehicles Act.
Insurance companies cannot evade liability for compensation based on the driver's lack of a valid license or vehicle registration under the Motor Vehicles Act.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
The duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks and the requirement for insurers to prove breach of terms of policy to avoid liability tow....
The court determined that the insurance company is liable for compensation due to reckless driving by the offending vehicle, and recalibrated the amount based on findings of total disability and nece....
The Court held that the Tribunal did not err in awarding compensation of Rs. 20,32,800/- with interest at 9% per annum from the date of the petition, as the amount awarded was reasonable and in line ....
Point of law : Compensation - Tribunal should adopt equitable principles and reasonable approach for determination of just compensation.
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
