Back
J. J. MUNIR
New India Assurance Co. Alld. – Appellant
Versus
Murli Manohar Saxena – Respondent
| Table of Content |
|---|
| 1. details of the accident and parties' positions. (Para 2 , 3 , 4) |
| 2. issues framed for the tribunal's decision. (Para 5 , 6) |
| 3. testimonies provided by eyewitnesses and the defendant. (Para 7 , 8 , 9 , 10) |
| 4. analysis of evidence and liability. (Para 12 , 13) |
| 5. principles of insurance liability. (Para 14 , 18 , 19 , 20 , 23) |
| 6. final verdict relieving insurers of liability. (Para 24) |
JUDGMENT
J.J. Munir, J.
This is an appeal by the Insurance Company challenging an award of the Motor Accident Claims Tribunal/ XIth Additional District Judge, Agra dated 13.10.1992 passed in Motor Accident Claims Petition No.64 of 1992, allowing the claim.
2. According to the claimant-respondent No.1, Murli Manohar Saxena on the 4th of September, 1991 at half past ten in the morning hours, he was proceeding from Kamla Nagar to the Civil Court, Agra, riding pillion on Scooter, bearing registration No. UTM-8322, driven by his younger brother, Bhagwanji Saxena. The Scooter was moving on the left hand side of the road and had reached the Abbu Ullah Dargah Bypass Road when suddenly a Jeep, bearing registration No. UVJ-6096 appeared, driven negligently and at a high speed. The driver of the Jeep d
Insurance policies become effective only from the time stated in the policy documentation; claims cannot be made against an insurer prior to the policy's commencement.
The main legal point established in the judgment is that the insurance policy coverage operates only from the date and time mentioned in the policy, and the insurance company is not liable to pay com....
Point of law: It must be remarked that the claimant has not raised any issue about the finding on the point of contributory negligence and apportionment of liability between the two vehicles, to wit,....
Insurers are liable to indemnify third parties unless the policy is canceled and the insured is notified before the accident occurs.
The burden of proof lies with the insurance company to establish the authenticity of the cover note and the insurance coverage at the time of the accident.
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
