Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
New India Assurance Co. Ltd. – Appellant
Versus
Savita Tiwari – Respondent
ORDER :
SANDEEP JAIN, J.
Order on Appeal:-
1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of the offending Xylo car No.UP-35-H- 0005 against the impugned judgment and award dated 29.11.2014 passed by the Motor Accidents Claims Tribunal/Additional District Judge, court no.4, Kanpur Nagar, in Motor Accident Claim Petition No. 159 of 2013 (Smt. Savita Tiwari and others vs. Susheel Kumar Pandey and another), whereby, for the untimely death of Manoj Kumar Tiwari @ Gandhi in an accident that took place on 05.12.2012, the Tribunal has awarded compensation of Rs.4,44,000/- along with interest at the rate of 6% per annum to the claimants(wife, son and mother), which has been ordered to be indemnified by the insurer of the offending Xylo car No.UP-35-H-0005.
2. Shri Aditya Singh Parihar, learned counsel for the appellant-insurance company submitted that the deceased was alleged to be travelling on the date of the accident i.e. 05.12.2012 in the offending Xylo car No.UP-35- H-0005 when the accident occurred in which besides the deceased, three other persons namely Amit Dubey, Pankaj Shukla and Gaurav Mishra also died. He further submitted
Insurer remains liable despite absence of vehicle fitness certificate, emphasizing negligence as core to compensatory claims under Motor Vehicles Act, enabling courts to enhance compensation based on....
The absence of a fitness certificate for a vehicle involved in a road accident can absolve the Insurance Company of its liability, constituting a fundamental statutory infraction under the Motor Vehi....
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'.
Absence of a valid fitness certificate for a vehicle constitutes a fundamental breach of the insurance policy, thereby impacting liability and compensation assessment.
The absence of a route permit or fitness certificate does not absolve the Insurance Company from liability under Section 149(2) of the Motor Vehicles Act, 1988.
The absence of a valid fitness certificate for a transport vehicle constitutes a fundamental breach of insurance policy, rendering the owner liable for compensation.
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
