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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Shriram General Insurance Company Ltd., Bhubaneswar – Appellant
Versus
Tapas Maity – Respondent
JUDGMENT :
G. Satapathy, J.
1. This appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, “the Act”) by the insurance company(hereinafter referred to as the ”Insurer”) is directed against the impugned judgment dated 26.07.2023 passed by the learned Motor Accident Claims Tribunal-I, Balasore (hereinafter referred to as the “Tribunal”) in MAC Case No.290 of 2020 directing the insurer to pay a sum of Rs.13,89,472/- together with simple interest (SI) @ 6% per annum w.e.f. 11.12.2020 till realization to the claimants for the death of their son in a motor vehicular accident.
2. Bereft of unnecessary details, the accident which gives rise to the present appeal took place on 21.11.2020 at about 3.45 AM when one Biswajit Maity (hereinafter referred to as “the deceased”) a helper by profession while proceeding to Bhubaneswar from Kolkata Airport in a container truck bearing Regd. No.WB-25G-3877 (hereinafter referred to as “the offending vehicle”) dashed from behind another truck near Haladipada bypass on NH60 resulting in injury to the deceased leading to his death. It was claimed by the claimants that the accident occurred due to rash and negligent driving of the driver of the offending
Insurer found liable for compensation as deceased was confirmed as a helper, and the driver held a valid license during pandemic lockdown extensions.
The court upheld the insurer's liability for compensation in a fatal accident despite challenges to the driver's license and policy conditions, recalibrating the compensation amount based on income a....
The court established that both the driver and the insurer are jointly liable for compensation in cases of negligent driving resulting in fatal accidents.
The court established that the driver of the offending vehicle was negligent, affirming the liability of both the driver and the insurer for compensation under the Motor Vehicles Act.
The owner and the insurer are jointly and severally liable for the compensation if the driver of the insured vehicle does not have a valid license and the owner breaches the policy conditions.
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