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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
New India Assurance Company Limited – Appellant
Versus
Mukesh Agrawal – Respondent
| Table of Content |
|---|
| 1. appeal context and compensation granted. (Para 1) |
| 2. conflicting narratives on accident occurrence. (Para 2 , 3) |
| 3. standard of proof in accident claims. (Para 5 , 6 , 10) |
| 4. insurer's liability despite permit violations. (Para 17 , 22) |
| 5. final dismissal of the appeal. (Para 26 , 28 , 29) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of the offending bus No.UP-23T-0434, against the impugned judgment and award dated 30.07.2025 passed by the Motor Accident Claims Tribunal, Meerut (North), in Motor Accident Claim Petition No. 218 of 2018 ( Mukesh Agrawal and another vs. The New India Assurance Co. Ltd. and others ), whereby, for the untimely death of Jatin Agrawal in a motor accident that occurred on 12.01.2018, a compensation of Rs.16,65,876/- along with interest at the rate of 7% per annum has been awarded to the claimants (mother and father), which has been ordered to be indemnified by the insurer of the offending bus No.UP-23T-0434.
2. Learned counsel for the appellant-insurance company submitted that the factum of accident was doubtful since the FIR discloses that it was caused by
In negligence claims under the Motor Vehicles Act, the standard of proof is based on preponderance of probabilities; insurers cannot avoid liability for permit breaches if the vehicle was used in an ....
The central legal point established in the judgment is the liability of the Insurance Company under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988, and the importance of proving the driver's a....
The absence of a valid permit for a vehicle involved in an accident absolves the Insurance Company from liability for compensation under the Motor Vehicles Act.
The court established that a vehicle must have a valid permit and meet specific criteria to be classified as an ambulance for insurance liability purposes.
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