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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
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 Vikram tempo No. UP-70-AT-0110 was being driven in violation of the terms and conditions of the insurance policy without a valid permit, as such, the insurance company was not liable to indemnify the claimants, the compensation awarded to them by the tribunal. It was further submitted that the insurance
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'.
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....
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
The court established that liability for compensation lies primarily with the vehicle owner when an accident occurs outside the permit's authorized area, while allowing the Insurance Company to initi....
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