Back
RITU TAGORE
Mukesh Kumar – Appellant
Versus
Sokat – Respondent
JUDGMENT
Mrs. Ritu Tagore, J.
This judgment shall dispose of FAO No.672 of 2019 filed by Mukesh Kumar, appellant-claimant, seeking enhancement of compensation for the injuries and permanent disablement suffered by him in the accident And FAO No.3051 of 2019 filed by Imran Khan appellant-owner (respondent No.2) of the offending vehicle, a truck bearing registration No.HR-73-8720, challenging the liability imposed upon him to satisfy the award dated 15.09.2018 for committing breach of terms of the insurance policy.
2. The Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as 'the Tribunal') awarded a compensation of Rs.4,47,922/- under the various heads to the claimant-injured (Mukesh) along with interest @ 7.5% p.a. from the date of filing of the petition till actual realisation.
3. The brief facts of the case are given hereunder:-
The judgment reaffirmed the principle that the insurance company would remain liable to the innocent third party, but it may be able to recover from the insured if the insurer proves that the owner/i....
The court held that compensation for injuries must consider future earning capacity and permanent disability, and vehicle owners are not liable for drivers with seemingly valid licenses unless inform....
The main legal point established in the judgment is the application of the preponderance of probabilities standard in motor vehicle accident cases and the assessment of compensation based on evidence....
The duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks and the requirement for insurers to prove breach of terms of policy to avoid liability tow....
Under the Motor Vehicles Act, non-compliance with license conditions does not absolve insurers of third-party liability; pay and recovery principle applies to recover claims from vehicle owners.
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
