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K. J. THAKER
Sushma Devi – Appellant
Versus
National Insurance Co. – Respondent
JUDGMENT
Kaushal Jayendra Thaker, J.
Heard Sri Rakesh Kumar Porwal, learned counsel for the appellant, Sri Anand Kumar Sinha, learned counsel for the respondent-Insurance Company and perused the judgment and order impugned.
2. Both these appeals challenges the judgment and award dated 31.8.1998 passed by Motor Accident Claim Tribunal/VII Additional District Judge, Etawah in M.A.C. No. 353 of 1994 (Sushma Devi and another v. Om Prakash Gupta and others) & M.A.C. No.354 of 1994 (Rameshwari Devi and others v. Om Prakash Gupta and others).
3. F.A.F.O. No.1287 of 1998 has been filed against the Claim Petition No. 353 of 1998 whereby the Tribunal has awarded compensation of Rs. 1,35,000/- to the respondent-claimants with interest at the rate of 12%. F.A.F.O. No. 1178 of 1998 has been filed against claim petition No. 354 of 1993 which was dismissed in terms of amount awarded under no fault liability.
4. A very fanciful argument in the rejoinder has been raised by Sri R.K. Porwal which is only raised for being rejected outright. The claim petition was under Section 140 & 166 of MOTOR VEHICLES ACT . It is submitted by Sri Porwal that the claim petition should be considered under Section 163A
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
Motor Accident Claims – Compensation - If amount of interest does not exceeds Rs.50,000/-in any financial year, registry of this Tribunal is directed to allow claimant to withdraw amount without prod....
The main legal point established in the judgment is that to claim compensation under 'No Fault Liability' (Section 163A), the victim must be an innocent bystander, and the accident must occur without....
Point of Law : Purpose of keeping compensation is to safeguard the interest of the claimants. Since long time has elapsed, the amount be deposited in the Saving Bank Account of claimant(s) in a natio....
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
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