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PAWAN KUMAR DWIVEDI
New India Assurance Co. Ltd. Ratlam – Appellant
Versus
Poonam Kunwar – Respondent
ORDER
1. Both the appeals are arising out of the award dated 19.5.2007 passed by the claims tribunal in MACC No.28/2006.
2. MA No.2612/2007 has been filed by the insurance company challenging the award on the question of fastening the liability of payment of compensation upon it. The other appeal i.e. MA No.2707/2007 has been filed by the claimants for enhancement of compensation and against the part holding 30% contributory negligence of the deceased.
3. The relevant facts for the purpose of adjudication of the present cases are that on 8.1.2006 the deceased Hemant Singh was going along with friends Shankar Singh and Vishnu from Dalauda to Mandsaur by a motorcycle. The motorcycle was being ridden by Shankar Singh and Hemant Singh and Vishnu were sitting as pillion riders, when they reached near Soyabean Choupal Mhow-Neemuch Road, a bus bearing registration No.MP43-F-0004 came driven by its driver in a rash and negligent manner and dashed into the motorcycle of Shankar Singh because of this accident all three persons sustained grievous injuries. Hemant Singh was referred from Mandsaur hospital to Ahemadabad for treatment where he died during treatment.
4. The claimants filed claim p
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
Point of Law : Insurer can take the defence that at the time of the accident, driver was having invalid/fake licence, however, the onus of proving that the Insured did not take adequate care and caut....
The absence of a route permit or fitness certificate does not absolve the Insurance Company from liability under Section 149(2) of the Motor Vehicles Act, 1988.
The court established the principle of pay and recover, holding the insurance company liable to pay first and then recover from the insured.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
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