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SUBHASH CHAND
National Insurance Company Limited – Appellant
Versus
Asmin Parveen @ Nagmi – Respondent
JUDGMENT :
On behalf of appellant, learned Counsel Mr. Manish Kumar and on behalf of respondent No.3, learned Counsel Mr. Rohit Ranjan Sinha are present.
2. No one appears on behalf of rest of the respondents.
3. This Appeal has been preferred on behalf of appellant-National Insurance Company dissatisfied with the Judgment/Award dated 31.08.2019 passed in Motor Accident Claim Case No. 31 of 2018 by the learned District Judge-II cum M.A.C.T., Giridih whereby the learned Tribunal has directed to pay a sum of Rs. 2,85,275/-.
4. The brief facts leading to this Misc. Appeal are that the Claim Petition was filed on behalf of claimant Asmin Parveen @ Nagmi with these averments that on 21.04.2017 she along with her family members was going to her house by the Bolero Vehicle No. JH-02U-5280 after having attended the marriage ceremony from Deoghar and at 12:30 when she reached near the village Jhalakdiha, the driver of the Truck No. JH-11F-9616 driving the Truck rashly and negligently dashed to the Bolero Vehicle whereby Md. Adil Ansari died at the spot and the claimant along with other passengers sustained injuries. They were brought to the Sadar Hospital for treatment. Bengabad P.S. Case No. 1
The court ruled that an insurance company's admission of liability in its written statement is binding and cannot be contested at the appeal stage, while striking off the penal interest imposed by th....
The main legal point established in the judgment is the assessment of contributory negligence and the liability of the Insurance Company in third-party claims under the Motor Vehicles Act.
The onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
The burden of proof in establishing the cause of an accident and the credibility of witnesses are crucial factors in determining claims for compensation under the Motor Vehicles Act.
The financial benefits of compassionate employment should not be deducted from the compensation amount payable by the tort feasor.
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