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MEENAKSHI MADAN RAI
Suresh Khati – Appellant
Versus
Santosh Chetry – Respondent
JUDGMENT
MEENAKSHI MADAN RAI,J. - The Learned Motor Accidents Claims Tribunal, East Sikkim, at Gangtok (for short, "Claims Tribunal"), vide the impugned Judgment, dtd. 5/8/2020, computed the total compensation payable to the Claimant as Rs.24,11,279.00(Rupees twenty four lakhs, eleven thousand, two hundred and seventy nine) only and ordered that the Insurer, OP No.1, pay the compensation amount to the Claimant, with interest @ 9% per annum, from the date of filing of the Claim Petition till full and final payment. It was further ordered that, OP No.1 was at liberty to recover the same from the OPs No.2, 3 and 4 in accordance with law.
2. The Appellant being aggrieved by the Judgment and Award supra, in MACT Case No.60 of 2017 (Santosh Chetry alias Santosh Chettri vs. The Branch Manager, National Insurance Company Ltd. and Others), dtd. 5/8/2020, is before this Court.
3. Before proceeding further with the matter, to bring clarity with regard to the parties, their order of appearance before the Claims Tribunal and before this Court are being delineated hereunder;
(i) Appellant, (owner of the vehicle) was OP No.2 before the Claims Tribunal.
(ii) Respondent No.1 (survivor of the acciden
Insurer's liability persists unless a breach of policy conditions is established; mere driving by an unlicensed driver does not absolve the insurer from payment obligations.
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
The main legal point established in the judgment is that the Insurance Company cannot be held responsible for the compensation of unauthorized passengers in a goods vehicle when the risk is not cover....
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The judgment establishes the principle that the exclusion clause in an insurance policy does not exonerate the insurer if the insured has taken all necessary measures to comply with the policy condit....
The insurer may exercise the right to recover compensation paid to claimants if it proves that the insured violated policy terms crucial to the cause of the accident.
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