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MEENAKSHI MADAN RAI
Branch Manager, The New India Assurance Co. Ltd. – Appellant
Versus
Urmila Biswakarma (Chettri) – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - (i) The Appellant-Insurance Company, herein, was ordered to pay compensation of Rs.32,25,946/- (Rupees thirty two lakhs, twenty five thousand, nine hundred and forty six) only, to Respondents No.1, 2 and 3 on account of the death of the husband of Respondent No.1 and the father of Respondents No.2 and 3, in a motor vehicle accident, involving a Truck, bearing Registration No. SK-04-D/0294, driven by the deceased on 14.05.2016, which met with an accident near Rambi Bazaar, West Bengal. Aggrieved by the said Judgment, dated 18.04.2019 in MACT Case No.80 of 2017, the Appellant assails the same.
2. Learned Counsel for the Appellant contended that the admitted position of the Respondents No.1 to 3 (Claimants No.1 to 3 before the Learned Tribunal) is that the deceased was driving the vehicle in accident at the relevant time and no other vehicle was involved. It was also admitted by Respondents No.1 to 3 that the accident had occurred due to the deceased, driving the vehicle at an excessive speed, which resulted in his death by his own negligence. Hence, the Respondents No.1 to 3 cannot take advantage of the fault of the deceased who was the tortfeasor and
Claimants entitled to compensation under Motor Vehicles Act despite deceased's negligence; insurance policy covers third parties, affirming insurer's liability for damages.
Point of law: Compensation - When a specific Policy has been taken by respondent No. 3-owner of the vehicle, then the liability of the Insurance Company will be confined to that arising under the Wor....
A comprehensive insurance policy covers liability for occupants of a vehicle, including employees, unless explicitly excluded, and the burden of proof for any policy breach lies with the insurer.
Insurance policies covering commercial vehicles include risks for coolies engaged in loading and unloading, regardless of claims of unauthorized travel.
Motor Accident – Liability of Insurance Company - When vehicle is insured by Company, insurer is liable to pay compensation in case of "comprehensive/package policy" but not in case of "Act policy".
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