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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Basanti Bisht – Appellant
Versus
Mahendra Kumar – Respondent
JUDGMENT :
Pankaj Purohit, J.
These two appeals arise out of a common judgment and award and involve identical questions of fact and law. Accordingly, both the appeals are being disposed of together by this common judgment.
2. The claim petition was filed by the appellants/claimants Smt. Basanti Devi and others, under Sections 166 and 140 of the Motor Vehicles Act, 1988, seeking compensation of Rs.8,25,605/- on account of the death of Kishan Singh Bisht in a road accident. The Appeal from Order No.400 of 2012 is filed by the appellants/claimants for enhancement while Appeal from Order No.361 of 2012 by the insurance company for quashing the impugned award.
3. The brief facts of the case are that on 06.05.2008, the deceased had gone to Bhowali to sell peas and was returning to his village Bana in Jeep No. UP-02C- 5712. At about 11:30 A.M., when the vehicle reached approximately one kilometre ahead of Laxmikhan on the Bhowali–Mukteshwar motor road, the driver, due to rash and negligent driving, lost control of the vehicle. Consequently, the jeep fell into a deep gorge, resulting in the death of Kishan Singh Bisht on the spot. Other passengers travelling in the jeep also sustained serious
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....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
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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'.
The main legal point established is that the insurance company is liable to satisfy the claim of the aggrieved third party and thereafter recover the same from the insured, even in cases of breach of....
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....
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