Back
SUNITA YADAV
Ashish Sharma – Appellant
Versus
Mohar Singh – Respondent
JUDGMENT
1. This Misc. Appeal under Sec. 173(1) of Motor Vehicles Act, 1988 has been filed against the award dtd. 05/08/2016 passed by Additional Motor Accident Claims Tribunal, Lahar, Disrict Bhind (M.P.) in Claim Case No.06/2016 by which the issue no.3 in respect to the liability is decided in favour of the Insurance Company resulting the exoneration of the Insurance Company from the liability of compensation.
2. The necessary facts for the disposal of the present appeal in short are that on 19/5/2015 at about 5:30 p.m., appellant was standing near the house of one Munnalal Sharma beside the road and was talking with someone. Thereafter, his father arrived there, at that time, one Mahindra Commander Jeep bearing registration No. MP06-B-6487 coming from opposite side being driven very rash and negligent manner by the driver of the aforesaid Jeep hit to the appellant, due to which, appellant fell down on the road and wheel of the vehicle passed over his left leg, due to which, appellant sustained grievous injuries on various parts of his body and also sustained fracture on the left leg. Initially, appellant was brought to primary health center Mihona. Thereafter, Primary Health Cent
The principle of 'pay and recover' in the context of the liability of the Insurance Company under the Motor Vehicles Act.
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....
Insurers cannot deny liability to third-party victims based solely on the insured's breach of policy conditions unless it is proven that such breach contributed to the accident.
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 insurance company must prove any alleged breach of policy terms to avoid liability; mere allegations without evidence are insufficient.
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....
Liability of Insurance Company is determined based on policy conditions and extra premium payment under the Motor Vehicles Act.
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
