Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
National Insurance Company Limited, through Divisional Manager – Appellant
Versus
Lila Bhuia, wife of Late Raja Ram Bhuia – Respondent
ORDER :
(Gautam Kumar Choudhary, J.)
Insurance Company is in appeal against the judgment and award of compensation under Sections 140 and 166 of the Motor Vehicle Act in Title (M.V.) Suit No.21/2007 by which the liability has been fixed on the Insurance Company.
2. As per the case of the claimant on 12.03.2005 at 2:45 p.m, the death of Raja Ram Bhuia, who was returning home after duty from Basantimata Colliery, was dashed by a truck bearing registration no. JH 10D 8984, as a result, he was entrapped in electric wire of a pole by the side of road, resulting in his instantaneous death.
3. Learned Tribunal has recorded a finding that the accidental death was due to rash and negligent driving by the said truck. Further, there was valid and effective driving license. As the permit was not produced by either side therefore, the Tribunal held that there was no breach of Insurance Policy since no evidence was brought on record by the Insurance Company regarding breach of it.
4. The judgment and award of compensation has been assailed mainly on the ground that it was incumbent on the part of the owner of the vehicle i.e. respondent no.5 to produce the permit and failure on his part to produce th
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.
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.
Vehicle usage and insurance liability must consider the vehicle's operational status at the time of the accident, and lack of permit or license becomes irrelevant if the vehicle was not used for tran....
The main legal point established in the judgment is the liability of the Insurance Company to pay just compensation to the claimants under the Motor Vehicle Act.
The main legal point established in the judgment is the determination of liability and quantum of compensation under the Motor Vehicles Act, considering the violation of insurance policy terms and th....
The court reinforced that the deceased's death was due to a motor vehicle accident caused by negligent driving; emphasized that post-mortem reports are not essential for proving accidental deaths.
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 ....
Insurer liable to pay motor accident death compensation to third-party claimants despite driver's invalid licence, with right to recover from owner-driver; enhanced quantum includes 25% future prospe....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
