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HIRDESH
Manager (Legal) Oriental Insurance Co. Ltd. – Appellant
Versus
Reshambai – Respondent
ORDER
1. This common order shall govern disposal of M.A.No.2100/2013 & M.A.No.2155/2013 as both the appeals arise out of an award arising from the same accident.
2. M.A.No.2100/2013 has been filed by the insurance company seeking reduction of the compensation amount awarded by the tribunal/exoneration from the liability whereas M.A.No.2155/2013 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal. Both the appeals arise out of the award dated 27.6.2013 passed by Ist Additional MACT, Dhar in claim case no.92/2009.
3. Brief facts of the case are that on 14.07.2009 at about 8.30 PM when the deceased Heeralal was going on his motorcycle bearing registration no.MP11-MA-4601 with due care and at normal speed, the respondent No.1 who was driving the offending vehicle bearing registration no.HR-55-H-8685 rashly and negligently came and hit the deceased due to which Heeralal sustained grievous injuries and died. The claimants who are the legal representatives of the deceased filed a claim petition before the Tribunal seeking compensation. The insurance company, driver and owner of the offending vehicle filed their written statement before the tribunal and
The main legal point established in the judgment is the application of legal provisions under the Motor Vehicles Act, particularly Sections 165, 166, 149, 2(21), and 2(47), in determining the compens....
An insurance company's assertion of license validity must be substantiated to deny liability in an accident claim.
Insurance liability remains unless policy breach is conclusively proved.
The court emphasized the validity of the driver's license and the reasonableness of the compensation awarded by the Tribunal.
The genuineness of the driving licence is crucial for the insurer's right to recovery, and the appellate court cannot enhance compensation without an appeal by the claimants.
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