Back
HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
New India Assurance Co. Ltd. – Appellant
Versus
Dhanwati Devi – Respondent
| Table of Content |
|---|
| 1. appeal against tribunal's motor accident compensation award. (Para 1 , 2) |
| 2. parties contested negligence, licence, joinder, income claims. (Para 3 , 4 , 5) |
| 3. tribunal upheld negligence, valid licence, no non-joinder. (Para 6 , 7 , 8 , 9 , 10) |
| 4. lmv licence valid for transport vehicles under 7500kg. (Para 11 , 12) |
| 5. non-joinder of motorcycle parties inconsequential. (Para 13) |
| 6. multiplier 15, 1/4th deduction per sarla verma correct. (Para 14 , 15) |
| 7. appeal dismissed; insurer to deposit compensation. (Para 16) |
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 h
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 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.
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
