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ROOPESH CHANDRA VARSHNEY
LONGSHRI W/o LATE BHAGWANT – Appellant
Versus
ASHFAQ S/o ASHRU DRIVER – Respondent
ORDER :
1. Appellants/claimants have filed this appeal under section 173(1) of Motor Vehicles Act assailing the impugned award dated 13-9-2021 passed by First Motor Accident Claims Tribunal, Gwalior in MACC No. 346/2019; whereby, appellants/claimants were held entitled to receive a compensation of Rs. 11,92,778/- for the death of Bhagwant Singh, husband of appellant No. 1, father of appellants No. 2 to 5 and son of appellant No. 6 and liability of payment of compensation amount was fastened over driver and owner of the offending vehicle.
2. Briefly stated facts of the case are that on 27-10-2018 at about 11.30 am when deceased Bhagwant Singh Dhanuk was coming back to his village from the house of his sister at Morar, Siddeswar Nagar on a motorcycle, it is alleged that as soon as he reached Tania Hotel, Badagaon, District Gwalior, truck coming from Dabra being driven rashly and negligently by its driver, dashed the motorcycle of deceased, due to which he sustained grievous hurts in his head and other parts of body, and succumbed to the same on spot, which gave rise to filing of claim case by the claimants (wife, children and father of deceased) before the Claims Tribunal claiming tota
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 are not liable to pay compensation for accidents occurring after the cancellation of the vehicle's policy due to dishonoured payments.
An insurance policy remains in effect unless properly cancelled before an accident; insurers are liable to indemnify third-party claims unless valid evidence shows policy cancellation.
The main legal point established in the judgment is the liability of the insurance company in a motor accident case, based on the cancellation of the insurance policy and the intimation reaching the ....
Failure to provide evidence of timely communication to the Regional Transport Office about the cancellation of an insurance policy can result in the insurer being held liable to pay compensation to t....
The burden of proof lies on the insurance company to establish the cancellation of the policy and the proper intimation to the insured before the accident, as per the Motor Vehicles Act.
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