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SUNITA YADAV
Shankerlal – Appellant
Versus
Manoj Jatav – Respondent
| Table of Content |
|---|
| 1. accident details leading to compensation claim (Para 1 , 2 , 3 , 4) |
| 2. parties' arguments regarding liability and compensation (Para 5 , 7 , 8 , 9) |
| 3. court's reasoning on insurance liability (Para 10 , 12) |
| 4. court's directive on compensation payment (Para 13) |
| 5. disposition of the appeal (Para 14 , 15) |
JUDGMENT
1. This Misc. Appeal under Sec. 173(1) of MOTOR VEHICLES ACT , 1988 has been filed against the award dtd. 03/11/2018 passed by Additional Motor Accident Claims Tribunal, Shivpuri (M.P.) in Claim Case No.09/2010, whereby the Insurance Company was exonerated from the liability of compensation.
2. The necessary facts for the disposal of the present appeal in short are that on 9/2/2010 deceased Vetal Singh was going to Kolaras from his village by the motor-cycle with his relative as they reached near of Gas Filer Godam A.B, Road PS Kolaras, at that time, one truck bearing registration No. HR-38-K-5255 which was coming rash and negligent manner dashed to the motor-cycle of deceased, due to which, he sustained grievous injuries in various ports of his body and died on spot.
3. First information report was lodged against the respondent No.1 driver of the offending v
The principle of 'pay and recover' in the context of the liability of the Insurance Company under the Motor Vehicles Act.
The insurance company must prove any alleged breach of policy terms to avoid liability; mere allegations without evidence are insufficient.
An insurance company is not liable for compensation if the policy was cancelled prior to the accident due to non-payment of premium.
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
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 central legal point established is the obligation of the Insurance Company to satisfy the compensation award, highlighting the beneficial nature of the Motor Vehicles Act.
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