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HIRDESH
New India Assurance Company Limited (The) – Appellant
Versus
Punam Chandra Maheshwari @ Bablu – Respondent
ORDER
1. Though this matter was listed for admission, however, with the consent of learned counsel for the parties it is heard finally.
2. This appeal has been filed by the appellant/Insurance Company under section 173 of Motor Vehicles Act, being aggrieved by the award dated 16.3.2021 passed by the Additional Member of District Motor Accident Claims Tribunal, Jaisingh Nagar, District Shahdol in MACC No.32/2016 on account of reduction/exoneration from the liability.
3. Brief facts of the case are that on 25.7.2015 at 6:20 pm respondent No. 1 (Punran Chandra Kesharwani @ Bablu) was driving motor cycle bearing registration No. MP-18 MC-8862. The respondent No. 2 (Arjun Yadav) came from opposite side, driving his Motor Cycle No. MP-18 MH-0442, in a rash and negligent manner and dashed against the claimant's motor cycle, causing him serious injury on his thigh. The left femur bone of claimant got fractured and the disability of permanent nature has been caused. The claimant filed the claim petition for compensation under section 166 of Motor Vehicles Act before the Tribunal and prayed for grant of compensation to the tune of Rs.45,70,000/-.
4. Police registered the case against respondent
Point of Law : Motor Accident claim - Insurance company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the vehicle did not have a ....
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
The court established that an Insurance Company may still be liable for compensation despite the driver's lack of a valid license if negligence is proven against the other party.
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