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SUBHASH CHAND
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Munni Kumari, wife of Late Ajeet Kumar – Respondent
JUDGMENT :
The instant Misc. Appeal has been preferred on behalf of the appellant-Bajaj Allianz General Insurance Co. Ltd. against the award dated 23.06.2023 whereby the appellant has been directed to deposit the compensation of Rs.50,90,176/- to claimants through RTGS or NEFT in the account number of Tribunal i.e. 21060110044674(IFSC-UCBA0002106) of UCO Bank, Civil Court, Dhanbad along with simple interest @ 7.5% per annum from the date of filing of the claim petition till the payment within one month from the receipt of the order.
2. Further the recovery right has been given to the appellant-Insurance Company to recover the said compensation amount from the owner of offending vehicle No. JH-10BC-0341.
3. The brief facts of the claim petition giving rise to file this appeal are that on 18.08.2018 at about 02:00 p.m. deceased was on foot near the Taxi stand Bhowra, meanwhile Tempo No.JH-10BC-0341 being driven rashly and negligently dashed the deceased as a result of which he sustained grievous injuries and was brought to Jalan Hospital where he was declared dead about 07:30 p.m. during course of treatment. Said accident took place on account of rash and negligent driving of the driver
The court affirmed that in motor accident claims, the standard of proof is preponderance of probabilities, allowing claims despite procedural lapses.
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
Delay in lodging an FIR cannot solely negate compensation claims if credible evidence substantiates the claim, emphasizing the need for a just compensation framework in motor accident cases.
Delay in lodging an FIR does not invalidate a compensation claim if justified by circumstances such as medical treatment of the victim.
Delay in lodging an FIR in motor accident claims does not negate the right to compensation if justified, and the assessment of compensation must be based on credible evidence of income and injuries.
Insurance liability cannot be denied based solely on FIR claims; evidence shows claimants were standing on roadside, establishing negligence of the driver.
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.
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