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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
United India Insurance Company Ltd. – Appellant
Versus
Deepak Rai Chowdhary – Respondent
| Table of Content |
|---|
| 1. fatal accident facts and tribunal's compensation award challenged (Para 1 , 2 , 3) |
| 2. claimants allege negligence; respondents deny and plead defenses (Para 4 , 5 , 6) |
| 3. tribunal proves accident, causation, valid insurance, license, awards compensation (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. insurer alleges policy breach; claimants defend vehicle fitness (Para 14 , 15) |
| 5. no proof of breach, negligence, or improper compensation computation (Para 16 , 17 , 18) |
| 6. appeal dismissed; insurer liable for upheld award (Para 19 , 20) |
JUDGMENT :
PANKAJ PUROHIT, J.
1. This Appeal From Order has been preferred by the appellant–Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 01.03.2014 passed by the Motor Accident Claims Tribunal / IVth Additional District Judge, Haridwar in Claim Petition No. 61 of 2011, whereby the Tribunal has awarded a sum of Rs.3,39,000/- along with interest @ 7% per annum in favour of the claimants on account of the death of their son Amit Rai Chaudhary in a motor vehicle accident. The Insurance Company seeks to assail the impugned award also questioning the computation of compensation.
2. The facts
Insurer liable despite fitness certificate issued accident day implying roadworthiness; valid driving licence upheld; no policy breach or contributory negligence proved; compensation affirmed via not....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
The court affirmed the validity of awarding compensation under the Motor Vehicles Act, adjusting income and future prospects, while rejecting insurer's claims of contributory negligence and liability....
Under MV Act Section 163A, negligence need not be proved in compensation claims, but tribunals must apply judicial mind to all issues like driver's license validity before fastening liability.
Driver with light motor vehicle licence competent to drive transport light motor vehicle if gross/unladen weight ≤7500 kg; no insurance policy breach. Compensation upheld using multiplier 15, 1/4th p....
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....
Insurer cannot avoid liability for claimant's misconduct absent proof of statutory defences under Section 149(2) MV Act; just compensation for disability requires demonstrated loss of earning capacit....
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