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HIRDESH
Hakku W/o Ansingh Katara – Appellant
Versus
Garvar Singh S/o Manjla Bilwal – Respondent
ORDER :
This miscellaneous appeal has been preferred by the appellants under section 173(1) of the Motor Vehicles Act against the award dated 02.07.2022 passed in Claim Case No.57/2020 by MACT, Jhabua whereby application filed under section 166 of the Motor Vehicles Act for compensation has been allowed and an award of Rs.10,78,000/- has passed in favour of the appellants and directed the driver and owner of the offending vehicle to pay the compensation while exonerating the respondent No.3/Insurance Company.
2. Brief facts of the case is that on 13.01.2020 deceased Ansingh was going to his village Bhoyra on his motorcycle no.MP-45-MJ-8997 after purchasing vegetables from Jhabua. When he reached near culvert situated between village Naldi and Bhoyra he was dashed by vehicle no.MP 41 P 0467 coming from the direction of Pitol and was driven by non applicant no.1 rashly and negligently. Ansingh sustained grievous injuries and he was taken to district hospital Jhabua from where he was carried to Dahod after primary treatment. In Dahod he was first taken to Saifi hospital but for bett
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 absence of a valid permit for the offending vehicle can impact the liability of the insurance company under the Motor Vehicles Act, 1988.
Insurance companies cannot evade liability for compensation based on the driver's lack of a valid license or vehicle registration under the Motor Vehicles Act.
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 the insurance company in cases of violation of terms of the policy and the assessment of compensation considering the future prospects of the deceased.
It is a well settled position of law that, even in respect of death of bachelor, multiplier has to be taken based on age of deceased.
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