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DEEPAK KUMAR AGARWAL
Radhar Singh – Appellant
Versus
Govind Saran Saini – Respondent
JUDGMENT
1. This Miscellaneous Appeal under Sec. 173 of the Motor Vehicles Act has been filed against the award dtd. 26/4/2010 passed by Ninth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No.239/2009, by which the insurance company has been exonerated from its liability to pay the compensation amount on the ground that the offending vehicle was not having valid permit at the time of the accident.
2. Challenging the award passed by the Claims Tribunal, it is submitted by the counsel for the claimants/appellants that even if the vehicle was not having valid permit, still the insurance company can be saddled with the liability of payment of compensation amount with a right to recover the same from the owner and the driver. To buttress his contentions, the counsel for the appellants has relied upon the judgment passed by this Court in the case of Smt. Mithlesh Gurjar and Ors. vs. Santosh Pal and Ors. passed in MA No.950/2017 decided on 10/2/2020.
3. Per contra, it is submitted by the counsel for the respondent no.3 that since the offending vehicle was being plied without any valid permit, therefore, the insurance company has been rightly exonerated.
4. Heard learned
The main legal point established in the judgment is the liability of the insurance company in cases where the offending vehicle was being driven without a valid permit, applying the principle of 'pay....
The liability of the insurance company in cases where the vehicle is being run without a valid permit and in violation of the conditions stipulated in the Insurance Policy.
The insurance company is liable to pay compensation and can recover the same from the owner and driver of the offending vehicle.
The main legal point established is that the Insurance Company is liable to pay compensation to the claimants and recover the same from the driver and owner of the vehicle, based on the principles la....
The principle of 'pay and recover' in the context of the liability of the Insurance Company under the Motor Vehicles Act.
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
The absence of a permit under Section 66 of the Motor Vehicles Act constitutes a statutory infraction, necessitating liability to be established by evidence.
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