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ANUBHA RAWAT CHOUDHARY
National Insurance Co. Ltd, through Divisional Manager Bokaro Division – Appellant
Versus
Kumari Arpana, Wife of Late Prakash Kumar Sinha – Respondent
JUDGMENT :
(Anubha Rawat Choudhary, J.)
Both the appeals arise from the Judgement dated 30th January 2016, passed by the learned District Judge III Cum P.O., Motor Accident Claims Tribunal, Bermo at Tenughat at Bokaro in Vahan Durghatna Dawa Wad Sankhya (M.A.C.C. No.) 92 of 2013, whereby the claim filed by the claimants has been allowed directing the appellant insurance company (insurer of Motor Cycle) to pay Rs.9,64,000/-. The insurance company is denying its liability and the claimants have filed the connected appeal seeking enhancement of compensation.
2. On 11.04.2022, the appellant-Insurance Company had submitted that there has been fundamental breach of terms and conditions of the policy. The first breach was that the driver of the offending motorcycle did not have the driving licence. He referred to the judgment passed by the Hon’ble Supreme Court in the case of Pappu Singh & Ors. Vs. Vinod Kumar Lamba & Anr. reported in (2018) 3 SCC 208, and submitted that adverse inference should have been drawn against the owner and right of recovery should have been granted to the Insurance Company by the Tribunal. The second breach as alleged was that the offending vehicle was without a re
Insurance liability requires valid vehicle registration; mere application is insufficient under the Motor Vehicles Act.
The insurance company was held liable for compensation under the Motor Vehicles Act, with the court reaffirming the validity of the insurance policy and proper compensation assessment methodologies.
Insurance companies remain liable to pay compensation even in cases of temporary vehicle registration, although they may seek recovery rights against the vehicle's owner for policy violations.
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 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 ....
Failure to prove breach of insurance policy terms and conditions relieves the Insurance Company of liability.
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