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HIRDESH
SHIVKANYA w/o KAILASH BHILL – Appellant
Versus
SANTOSH – Respondent
ORDER :
(Hirdesh, J.) :
This appeal has been preferred by the appellants/claimants under section 173(1) of Motor Vehicles Act, 1988, is arising out of award dated 31-8-2016 passed by Member, Motor Accident Claims Tribunal, Indore, in Claim Case No. 25/2013 on account of inadequacy of compensation and seeking enhancement of compensation.
2. The brief facts of the case is that on 1-1-2013 at about 4:10 pm, the deceased Kailash S/o Soma Bheel was standing near Maruti Academy School, Mhow Neemuch Highway Road, suddenly one Tractor bearing registration No. MP43AA-5721 which was driven rashly and negligently by driver of offending vehicle hit the deceased as a result he died after being crushed under a tractor. Thereafter the police has registered the case against the driver of offending vehicle and has filed the charge-sheet before the Magistrate Court. The claimants have filed the claim application for seeking compensation against the respondents for Rs. 12,00,000/- in the motor accident claim case.
3. The respondents have filed their written statement and has denied the averments.
4. The Tribunal has framed the issue and on the basis of pleadings of both the parties and after taking the ev
The Insurance Company is liable for compensation if it cannot prove the driver lacked a valid license at the time of the accident.
Insurance companies must pay compensation even if policy conditions are breached, unless the breach fundamentally contributed to the accident.
An unauthorized passenger in a vehicle does not allow for compensation claims against the insurer, but the insurer must cover the claim amount with recovery rights against the vehicle owner.
Liability for compensation lies with the insurer, as the deceased was not a gratuitous passenger but employed as a cleaner in the vehicle. The Tribunal's misclassification led to an unjust outcome.
Insurance companies must compensate in death claims despite unauthorized passenger status, with recovery rights from vehicle owners.
Accident - Driving license - Validity of - Onus would shift on the insurance company only after owner of the offending vehicle pleads and proves the basic facts within his knowledge that the driver o....
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