HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
National Insurance Company Limited – Appellant
Versus
Vijay Chauhan – Respondent
JUDGMENT :
Pankaj Purohit, J.
This appeal from order has been filed by the appellant-Insurance Company against the judgment and award dated 07.12.2012, passed by learned Third Additional District Judge/M.A.C.T., Haridwar, in M.A.C.P. Case No.94 of 2009 Vijay Chauhan and Ors. Vs. Inder Singh and Ors. , whereby, the said claim petition was allowed and the learned Tribunal awarded a sum of Rs.3,70,000/- as compensation @9% interest per annum from the date of filing of claim petition i.e.19.05.2006, against the appellant to be paid within 30 days from the date of passing of the order i.e.07.12.2012.
2. The brief facts of case are that on 01.08.2008 at about 06.30 a.m., deceased and respondents-claimants were coming from Delhi to Roorkee in their vehicle No.UA 08 D-9253, near village Bhuraheri, District Muzaffarnagar, the driver of trolley No.H.R. 55H-7071, which was moving ahead the vehicle of deceased, suddenly applied the break. Due to the sudden break, the husband of deceased tried hard to control the vehicle but could not control and collided with the trolley, due to which they sustained serious injuries and resulted in the death of Smt. Anju Chauhan on the spot.
3. The first informat
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.
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.
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 liable unless proves statutory defence under Section 149(2); claimant's misconduct affects quantum but not liability; just compensation requires evidence of earning capacity loss, not mere di....
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....
Insurer liable unless proves statutory defences under MV Act s149(2); claimant's misconduct affects quantum but not liability; just compensation requires proof of earning capacity loss beyond disabil....
The onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
The burden of proof regarding key issues such as driver's license and unauthorized use of a vehicle rests with the concerned party, and legal principles established in previous judgments influence th....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.