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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Manager, Oriental Insurance Company Ltd. – Appellant
Versus
Reshma Kumari Horo, W/o Late Ramlakhan Oraon – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Heard, learned counsel for the parties.
1. Both these appeals (i.e., instant Misc. Appeal and Cross Objection No.03 of 2018) arise out of the common judgment and award of compensation passed in M.A.C.C. No. 59/2011, whereby and whereunder compensation of Rs.20,00,000/- has been awarded to the claimants under Section 166 of the M.V. Act for the death of Ramlakhan Oraon caused in a motor vehicle accident.
2. The claim case was filed by the dependents of the deceased, impleading the owner, driver and the insurer of the vehicle as party(s). Since the owner (respondent no. 1) and driver (respondent no. 2) did not appear, therefore an ex-parte proceeding was drawn and the case was disposed of.
3. It is argued by the learned counsel on behalf of the appellant- Insurance Company in M.A. No. 257 of 2013 that despite the processes being issued, neither the owner nor the driver appeared either at the stage of inquiry or in appeal to bring on record relevant documents like permit. It is the consistent case of the Insurance Company that offending goods vehicle bearing registration No. CG-04JA-5395 was not having a valid permit at the time of accident. Reliance i
The court ruled that just compensation must reflect the actual loss and potential earnings of the deceased, regardless of the amount claimed by the claimants.
Liability of the insurance company in cases of violation of terms of the policy and the assessment of compensation considering the future prospects of the deceased.
Insurance policy requires valid vehicle permit; absence constitutes breach, affecting liability and compensation calculations.
Liability of insurance under Motor Vehicles Act remains unless breach of policy terms is proven; quantum of compensation must reflect proper assessment of income and dependents.
The absence of a valid permit for the offending vehicle can impact the liability of the insurance company under the Motor Vehicles Act, 1988.
Insurance companies cannot deny compensation claims due to permit breaches; they maintain rights of recovery against vehicle owners while proper methods must be utilized for dependency calculations.
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
The main legal point established in the judgment is the interpretation of permit conditions under the Motor Vehicle Act and the liability of the insurance company in a motor accident case.
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