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SHARAD KUMAR SHARMA
Arjun Singh – Appellant
Versus
Swaran Singh – Respondent
JUDGMENT :
1. This is owner’s appeal from order which has been preferred under Section 173 of the Motor Vehicle Act 1988 thereby challenging the impugned award of 06.03.2014, as it has been passed by the learned Motor Accident Claim Tribunal/IIIrd Additional District Judge, Rudrapur, Udham Singh Nagar, in Motor Accident Claim Petition No.145 of 2010 Swaran Singh vs. Arjun Singh and others. As a consequence thereto, the learned Motor Accident Claim Tribunal has rendered an award of Rs.1,91,450/-which was determined to be payable to the claimants alongwith the interest payable on it at the rate of 9% from the date of the filing of the claim petition.
2. Few basic facts as involved in the appeal, are that on 23.03.2009, when the injured was standing near village Tukdi crossing, near the house of one Malkeet Singh, a tractor coming from opposite direction, that is from village Bichwa, bearing Registration No.UK-06/L-3693, is said to have dashed against the present applicant, which hit him from the side resulting into fracture of his pectoral girdle, as well as in the vertebral column, has also got fractured. Apart from it, his liver and lungs were also got ruptured in the accident. Owi
The central legal point established in the judgment is the determination of liability for compensation in a motor vehicle accident, based on the provisions of the Motor Vehicle Act and the evidence p....
An insurance company is not liable to indemnify an owner-driver for injuries sustained due to their own negligence under a standard third-party motor insurance policy, as such policies only cover thi....
The main legal point established in the judgment is the court's authority to uphold the findings of the lower tribunal and grant enhanced compensation based on the evidence presented.
The court upheld the insurance company's liability despite claims of policy violations, confirming that valid insurance coverage is paramount unless proven otherwise.
The main legal point established is that the driver of the tractor-trailer was held liable for the accident, and the Insurance companies were not liable to pay compensation due to the driver not havi....
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