Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
M. Krishnan – Appellant
Versus
Supriya – Respondent
| Table of Content |
|---|
| 1. determination of liability rests on accurate insurance policy assessment. (Para 1 , 2) |
| 2. negligence and liability often hinge on evidence presented in court. (Para 4 , 5 , 7) |
| 3. court assessments of evidence shape conclusions on negligence. (Para 20 , 21 , 22 , 23) |
| 4. the need for both parties to prove their claims in court. (Para 35 , 36) |
JUDGMENT :
1. The owner of the vehicle is before this Court by filing this appeal aggrieved by the judgment of the Tribunal in and by which the Tribunal has fastened the liability on the owner of the vehicle to pay the compensation to the claimants, viz., respondents 1 to 4 for the death of the deceased by holding that the policy at the hands of the owner is not one, issued by the insurer, viz., the 6th respondent herein and, therefore, the insurer is not liable to compensate the claimants.
2. The brief facts necessary for the disposal of this appeal are as under :-
On 4.11.2015 at about 20.00 hours, while the deceased was riding his two wheeler bearing Regn. No.TN-24-F-6014, it is alleged that the tractor bearing Regn. No.TN-24-Y-4507 was parked in the middle of the road without any indicator light or any sort of signal, thereby obs
The insurer is not liable for compensation if the insured fails to prove the legitimacy of the insurance policy, which was claimed to be fake.
Point of law: When the intention of the Legislation was to cover compulsorily ail the risk arising out of the use of the Motor Vehicle and that the liability of the insurer is co-extensive with that ....
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
The deceased, being the son of the vehicle owner, is not considered a third party under the insurance policy, thus the insurer is not liable for compensation.
Insurance liability issues in motor accidents should be assessed accurately to ensure claimants receive timely compensation, irrespective of disputes between insurers.
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
