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VIKRAM AGGARWAL
Agro Engineering Works (M/s) – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. assessment of compensation due to fatal accident. (Para 1 , 2 , 3) |
| 2. claimants assert loss of support due to wrongful death. (Para 4 , 5) |
| 3. issues of vehicle liability and insurance compliance. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court's analysis of evidence and statutory compliance. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
Judgment
Mr. Vikram Aggarwal, J. :-
CM-10133-CII-2023
Prayer in the present application is for condonation of delay of 240 days in filing the present appeal. For the reasons mentioned in the application, which is duly supported by an affidavit of Director/Proprietor of M/s Agro Engineering Works, the same is allowed and the delay of 240 days in filing the appeal is condoned.
FAO-2816-2023
1. The present appeal lays challenge to the award dated 26.04.2022 passed by the Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as the ‘MACT’) vide which the claim petition filed by the respondents No.2 to 6 (hereinafter referred to as the ‘claimants’) for the grant of compensation of Rs. 3,00,00,000/- on account of the death of one Rohit Sahal in a motor vehicular accident which took place on 30.03.2018 was partly allowed and the compensation of R
The liability for compensation in vehicular accidents arises from negligence, assessed against statutory requirements for vehicle permits.
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 ....
Deviation from the permit route does not absolve the insurance company from liability if the vehicle was used for its intended purpose.
Permit renewals under Section 81 of the Motor Vehicles Act are retroactively effective, impacting liability determinations in accident claims.
Point of Law : Motor Accident Claims - Licence - Use of a vehicle in a public place without a permit is a fundamental statutory infraction. We are disposed to think so in view of the series of except....
The court established that liability for compensation lies primarily with the vehicle owner when an accident occurs outside the permit's authorized area, while allowing the Insurance Company to initi....
The presence of a valid permit for a vehicle is essential in determining the liability of an insurance company in motor accident claims, and the absence of such a permit cannot be the sole reason for....
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