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ALKA SARIN
National Insurance Co. Ltd. – Appellant
Versus
Neelam – Respondent
ALKA SARIN, J.
1. The present appeal has been preferred by the Insurance Company against the award dated 10.10.2022 whereby the claim of the respondent-claimants was accepted and they were held entitled to compensation to the tune of Rs.11,77,000/- along with 9% interest.
2. The brief facts of this appeal are that on 10.08.2018 at about 1.00 PM the deceased Raj Kumar along with his daughter Varsha and daughter-in-law Sapna was going from the side of Lovely Professional University towards his Village Cheheru on motorcycle bearing registration No.PB-09-T-0992. When they reached in front of the railway over bridge on the slip road/service lane, one Toyota Fortuner bearing registration No.CH-01-AE-6667 (hereinafter referred to as the ‘offending vehicle’) came from the side of Jalandhar, which was being driven by Kulpreet Singh (respondent No.4 herein) in a rash and negligent manner. The car struck against the motor-cycle. The deceased Raj Kumar sustained multiple serious injuries as also the other riders. While Varsha and Sapna were discharged, the deceased Raj Kumar was referred to Ohri Hospital, Jalandhar due to the serious nature of his injuries. Eventually the deceased Raj Kumar succ
The insurance company is liable to pay compensation to the victims of a road accident caused by an insured vehicle, even if the driver's license was suspended at the time of the accident, provided th....
Negligence in parking a vehicle and lack of a valid driving license establish liability, with the owner accountable for compensation despite potential contributory negligence from the claimant.
Insurance companies must prove driver's lack of valid driving licence to avoid liability. Adverse inference against the owner applies for non-production of licence details.
Sections 166 and 168 of Motor Vehicles Act, empowers to Tribunals and Courts with jurisdiction to award just compensation.
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