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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Sandeep Jain,J.
Manager The Oriental Insurance Co. Ltd. – Appellant
Versus
Smt. Kusma Devi And 6 Others – Respondent
| Table of Content |
|---|
| 1. motor accident appeal summary (Para 1) |
| 2. arguments on insurance liability (Para 2 , 3) |
| 3. court's analysis of evidence (Para 4 , 5 , 6 , 7 , 10 , 11 , 16) |
| 4. principles from apex court judgments (Para 12 , 13 , 14 , 15) |
| 5. conclusion and compensation adjustment (Para 19 , 20 , 21 , 22) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the insurer of the offending Tempo No.UP-70-AT-0110, against the impugned judgment and award dated 31.01.2014 passed by the Motor Accident Claims Tribunal/Special Judge (E.C. Act) / Additional District Judge, Fatehpur, in Motor Accident Claim Petition No. 170 of 2011 (Smt. Kusma Devi & others Vs. Irshad Ahmed & others), whereby, for the untimely death of Chhotey Lal Sharma (deceased) in a road accident that occurred on 18.02.2011, a compensation of Rs.2,71,000/- along with interest at the rate of 6% per annum has been awarded to the claimants (wife and children), which has been ordered to be indemnified by the insurer of the offending Tempo No.UP-70-AT-0110.
2. Learned counsel for the appellant-insurance company submitted that on the date of the accident, the offending Vi
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
A driver with an LMV license may operate vehicles below 3000 kg without additional authorization, and future prospects must be included in compensation calculations.
An insurance policy breach due to vehicle unfitness does not exempt the insurer from compensating victims; they may recover from the owner after payment, affirming the principle of 'pay and recover'.
The appropriate multiplier for compensation in fatal accident claims should align with established guidelines, ensuring future income prospects are accounted for, enhancing total awarded compensation....
Insurance company is not liable for compensation when driver lacks valid endorsement for hazardous goods transport, reversing Claims Tribunal's decision.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
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