Back
HIGH COURT OF UTTARAKHAND
Pankaj Purohit, J
The New India Assurance Co. Ltd. – Appellant
Versus
Smt. Sangeeta Sah and others – Respondent
| Table of Content |
|---|
| 1. accident caused by negligent driving leading to the claim. (Para 1 , 2 , 3 , 4) |
| 2. insurer's defense based on driver's invalid license and policy breach. (Para 5 , 6 , 10) |
| 3. court's affirmation of insurer's liability despite driving license issues. (Para 7 , 8 , 9) |
| 4. compensation determined with future prospects included. (Para 11) |
| 5. appeal dismissed, affirming tribunal's award and payment instructions. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
1. This appeal has been preferred by the appellant - Insurance Company under section 173 of the Motor Vehicle Act, 1988 challenging the judgment and award dated 02.09.2014 passed by the MACT/District judge, Nainital, in Motor Accident Claim Petition No. 38 of 2009. By the said award, a sum of Rs.9,50,200/- along with interest at the rate of 7% per annum has been granted in favour of the claimants for the death of Vikas Sah in a motor accident, fastening the liability upon the Insurance Company with liberty to recover the amount from the owner of the offending vehicle. The challenge in the present appeal, therefore, pertains to both the question of liability and the quantum of compensation awarded.
3. The claimants reiterated before
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
Insurer liable to pay motor accident death compensation to third-party claimants despite driver's invalid licence, with right to recover from owner-driver; enhanced quantum includes 25% future prospe....
The court ruled that the Insurance Company is liable to pay compensation first, despite the driver's invalid license, and established guidelines for calculating future prospects and multipliers in co....
The main legal point established in the judgment is the principle of 'pay and recover' in case of third-party risks and the requirement for the insurer to prove the driver's lack of a valid driving l....
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
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
