Back
HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Basanti Bisht – Appellant
Versus
Mahendra Kumar – Respondent
| Table of Content |
|---|
| 1. factual background of fatal jeep accident. (Para 1 , 2 , 3) |
| 2. contentions on compensation and insurer exemption. (Para 4 , 6) |
| 3. negligence proved; invalid licence; rs.346,000 awarded. (Para 5) |
| 4. 1/4th deduction, 25% prospects enhance compensation. (Para 7 , 8) |
| 5. lapsed licence breaches insurance policy terms. (Para 9 , 10) |
| 6. pay and recover principle for third-party claims. (Para 11 , 12 , 13 , 14) |
| 7. compensation enhanced to rs.542,500 with recovery right. (Para 15 , 16 , 17) |
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
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.
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
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....
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....
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
