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SARAL SRIVASTAVA
New India Assurance Company Ltd. – Appellant
Versus
Arjun Gaur – Respondent
JUDGMENT :
Saral Srivastava, J.
Heard learned counsel for the appellant and learned counsel for the respondents.
2. The present appeal has been preferred by the appellant-insurance company challenging the award dated 6.1.2006 passed by the Motor Accident Claims Tribunal/Special Judge (SC/ST Act), Court No. 3, Deoria (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 224 of 2004 whereby Tribunal has awarded Rs. 7,25,404/- alongwith 7.5% interest as compensation to the claimants/respondents.
3. The claimants/respondent Nos. 1 to 4 instituted the claim petition for the death of one Indravati Devi who died in an accident on 28.6.2004. According to claimants/respondent Nos. 1 to 4, deceased-Indravati Devi was traveling on Tempo No. U.P.-52-F-0451 and when the said tempo reached near Khukhund crossing, it met with an accident with delivery Tempo No. U.P.-56-T-0054. Indravati Devi suffered injuries in the said accident and died.
4. The Tribunal framed as many as four issues. The appeal has been filed challenging the finding of the Tribunal on the issue Nos. 1 & 2.
5. On the issue No. 1 with regard to occurrence of the accident and negligence of the driver of tempo, the Tribunal considered
The insurance company must prove the breach of policy conditions to avoid liability, and the burden of proof regarding the driver's license validity lies with the insurer.
The judgment establishes the principle that the insurer must prove breach of policy conditions and negligence of the insured to absolve itself of liability, emphasizing the need for cogent evidence t....
Insurers cannot deny liability to third parties solely based on the insured's invalid driving license unless proven fundamental to the accident's cause.
Insurers must initially compensate third-party victims unless the driver's breach of policy is proven to fundamentally cause the accident, enabling recovery rights against the insured.
The main legal point established in the judgment is the principle of 'pay and recover' in case of third-party risks and the requirement for the insurer to prove the driver's lack of a valid driving l....
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
A learner's license does not preclude insurance liability if the driver is accompanied by a licensed instructor, and the insurer must prove policy violations to avoid liability.
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