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DUPPALA VENKATA RAMANA
Dharmendra Kumar S/o Govind Prasad – Appellant
Versus
Durga Bai W/o Late Mahesh Singh Raghuvanshi – Respondent
JUDGMENT :
This appeal filed by the appellant under Section 173 of the Motor Vehicle Act, 1988 (for short “the Act”) challenging the award dated 07.02.2005 delivered by the Motor Accident Claims Tribunal, Katni in MACC No.53/2003 where the learned Claims Tribunal directed the respondent no.3/insurance company to pay the compensation amount of Rs.1,79,500/- to the claimants and thereafter, the insurance company shall be entitled to recover the entire amount from the respondent no.1 and 2.
2. For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short “MACT”).
3. The brief facts, necessary for adjudication of this case are that on 06.04.2003 at about 5:00 pm, Mahesh Singh along with Arvind Kumar Pandey were returning after filling sand in Tractor No.MP-21-9242 and Trolley No.MP-21-9243, the said tractor driven by its driver/respondent no.1 in rash and negligently and the said tractor overturned, due to which, Mahesh Singh died on the spot. The matter was reported to the police alleging that the accident took place, as a result of rash and negligent driving of the said tractor bearing Tractor No.MP-21-9242 and based on the
The insurance company must prove any alleged breach of policy terms to avoid liability; mere allegations without evidence are insufficient.
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when a passenger is traveling in a tractor.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
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