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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
New India Assurance Co. Ltd. – Appellant
Versus
Dhanwati Devi – Respondent
JUDGMENT :
Pankaj Purohit, J.
This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant–Insurance Company challenging the judgment and award dated 30.09.2011 passed by the learned Motor Accident Claims Tribunal / District Judge, Udham Singh Nagar, Rudrapur in Claim Petition No. 131 of 2007, whereby compensation to the tune of Rs.4,07,000/- along with interest @ 7% per annum has been awarded in favour of the claimants on account of the death of Ram Lakshan in a motor vehicle accident.
2. The brief facts, as emerge from the claim petition, are that on 14.01.2007 at about 7:30 p.m., the deceased Ram Lakshman, after finishing his duty at Dabur Factory, Rudrapur, was returning to his village Bagwala on a motorcycle bearing registration no. UA- 06C-5120, along with his brother Vijay Bahadur. When they reached near Amira Rice Mill, within the jurisdiction of Police Station Bilaspur, District Rampur, a Mini Bus bearing registration no.UP-65E-4596, coming from the opposite direction, was driven in a rash and negligent manner and hit the motorcycle from the wrong side. As a result of the said accident, Ram Lakshan sustained grievous injuries. He was initi
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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.
Point of Law : Insurer can take the defence that at the time of the accident, driver was having invalid/fake licence, however, the onus of proving that the Insured did not take adequate care and caut....
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 clarifies the burden of proof in accident claims, stating that evidence must meet the standard of preponderance of probability rather than beyond a reasonable doubt.
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
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