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PRADEEP KUMAR SRIVASTAVA
National Insurance Co. Ltd. – Appellant
Versus
Parijan Bibi, W/o. Late Mazid Ansari – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. Present appeal under section 173(1) of the Motor Vehicle Act has been preferred on behalf of the National Insurance Company Limited, assailing the judgment/award dated 13.03.2020 passed by Sri Rajeev Ranjan, learned District Judge-III-cum-presiding Officer, Motor Accident Claims Tribunal, Bokaro, in M.A.C.T. Case No.24 of 2017, whereby and whereunder the claim petition was allowed on contest and the appellant was directed to pay Rs.16,96,400/- along with simple interest @ 7 % per annum from the date of institution of the claim petition i.e., 08.02.2017 till its realization.
2. Factual background of the case giving rise to this appeal is that on 31.08.2007 at about 9 am, one Majid Ansari(now deceased) along with his grandson was going on the auto rickshaw bearing Reg. No.JH-09B-7990 and when they reached near village Mohaddih, the driver of the said auto rickshaw lost control of the vehicle due to rash and negligent driving which turned turtle causing serious injuries to Mazid Ansari, who died on 06.09.2007 at Bokaro General Hospital, Bokaro in course of treatment. In connection with the above accident Pindrajora P.S. Case No.64 of 2007 was in
An insurer is not liable for compensation if the policy covering third-party risks was not valid at the time of the accident as mandated by the Motor Vehicle Act.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The insurer may exercise the right to recover compensation paid to claimants if it proves that the insured violated policy terms crucial to the cause of the accident.
Insurers remain liable under the principle of pay and recover even if exonerated unless they prove fundamental breaches contributing to the liability.
The main legal point established in the judgment is the insurer's obligation to indemnify the compensation amount to the third party and the possibility of pay and recover in case of third party risk....
The main legal point established in the judgment is that the insurance company is required to first pay the claimants of the victim and thereafter recover from the owner of the offending vehicle in q....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
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