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P. VELMURUGAN
Tata AIG General Insurance Company Limited – Appellant
Versus
Velumani – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, challenging the fair and decreetal order dated 10.01.2018, made in M.C.O.P.No.2780 of 2014 by the learned Motor Accident Claims Tribunal (Special Sub Court), Dharmapuri.)
1. This appeal is filed by the Insurance Company challenging the liability and quantum of compensation awarded by the Tribunal in M.C.O.P.No.2780 of 2014 dated 10.01.2018.
2. The appellant is the Insurance Company, first respondent is claimant and second respondent is owner of the offending vehicle. The first respondent filed claim petition in M.C.O.P.No.2780 of 2014 seeking compensation of Rs.15,00,000/- for the injuries sustained by him in the accident.
3. According to the first respondent/claimant on 05.08.2012, at about 9.15 p.m. when the first respondent riding the two wheeler bearing Reg.No.TN 29 AM 1415 at request of his employer the second respondent to buy diesel, in the Palacode Krishnagiri Main Road, Bypass Road, near Krishna Cement Shop, due to the over light from the head light of the vehicle came from opposite direction, the claimant dashed the two wheeler against Hoganakkal Integrated Drinking Water Pr
The central legal point established in the judgment is that the insurance company was not liable to pay the compensation due to the violation of policy conditions, the claimant's negligence, and the ....
Liability of the insurance company in a motor accident case is determined based on the coverage of the vehicle under the insurance policy at the time of the accident.
In the absence of proof of tortious act by the driver of the auto, the owner/insured cannot be held vicariously liable.
Accident claim - Two wheeler and the policy is only for third party. Hence, the wife travelled along with her husband as a pillion rider and the accident has taken place due to the wrong driving by t....
The main legal point established is the application of negligence principles and the determination of compensation under the Motor Vehicles Act, 1988, based on the evidence presented and relevant leg....
The court established the liability of the Insurance Company based on the identity of the driver and the reasonableness of the compensation awarded.
The central legal point established in the judgment is the liability of the Insurance Company based on the violation of policy condition due to the rider not possessing a valid driving license at the....
The main legal point established in the judgment is the determination of liability for a motor accident based on the negligence of the drivers involved and the assessment of compensation for injuries....
The main legal point established in the judgment is the significance of establishing negligence on the part of the offending vehicle and the impact of contributory negligence and influence of alcohol....
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