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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Divisional Manager, Oriental Insurance Company Ltd. – Appellant
Versus
Phaguni Devi Wife Of Late Turi Munda – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
The Insurance Company is in appeal against the judgment of award of compensation in Compensation Case No.103/2010 whereby and whereunder the compensation of Rs.9,00,000/- has been awarded in favour of the claimants and the liability has been fixed on the Insurance Company to pay compensation amount.
2. It is argued by the learned counsel on behalf of Insurance Company that admittedly the driver of offending vehicle was Md. Sarde Alam. The Insurance Company adduced into evidence Exhibit A which was a report submitted by Sanjay Prasad Sahu (Surveyor of Insurance Company), who on the basis of the report of D.T.O., Lohardaga stated that driving license no.1268 of 2002 in the name of Md. Sarde Alam, was not issued by D.T.O., Lohardaga therefore, once original driving license was proved to be fake, the subsequent driving license bearing no.843 of 2002 issued by D.T.O., Jamshedpur cannot be deemed to be effective and valid driving license. Further, the learned Tribunal while computing compensation amount under the head of future prospect has taken 50% which should be 40% as per the ratio laid down by the Apex Court in the case of National Insurance Compa
The vehicle owner is not liable to verify the genuineness of a driver's license, and compensation must be computed following established legal principles.
Age is between 26-30 years, then multiplier of 17 should be applied.
A driver licensed for light motor vehicles can operate light transport vehicles, establishing insurance liability in motor accident claims.
The owner of a vehicle cannot be held liable for a driver's forged license unless collusion is proven, and conventional compensation must align with established legal ratios.
Accident – Licence - Liability of insurance company – When liable - Claimants are entitled to revised compensation in amount of amount along with interest @ 7.5 per annum from date of filing of claim....
The court recalculated the compensation amount based on the deceased's actual salary and future prospects, and set aside the direction to pay and recover from the driver and owner of the vehicle, cit....
The main legal point established is the entitlement of the sole legal heir to represent the estate and receive compensation under the Motor Vehicles Act, and the liability of the insurance company to....
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.
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....
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