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HIRDESH
HDFC Ergo General Insurance Company Ltd. – Appellant
Versus
Padamchandra Jain – Respondent
ORDER
1. This misc. appeal by the appellant/Insurance Company u/S. 173(1) of the Motor Vehicles Act, 1988 is arising out of the Award dated 22.7.2019 passed by Fourth Motor Accident Claims Tribunal (in short "the Claims Tribunal") Bhind (M.P.) in MACC No. 32/2017, whereby the Claims Tribunal has awarded compensation in favour of claimant/respondent No.1 to the tune of Rs.84,300/- with interest from the date of filing of claim petition till its realization.
2. Brief facts of the case are that on 23.11.2017 at 02:45 PM, claimant Padamchandra was going to his shop with his son Ashok Kumar Jain and when they reached Makhan Bhog Hotel, a motorcycle bearing Registration No.MP30-MC-1444 being driven at high speed in rash and negligent manner, came from behind and hit him due to which, he sustained injuries. On the basis of report of aforesaid accident, police registered an FIR. After completion of investigation and other formalities, police filed charge-sheet. Thereafter, claimant filed a claim case before the Claims Tribunal for seeking compensation.
3. During pendency of claim petition, the claimant filed an application for deleting name of Narendra Soni and in his place, brought Shivam Sh
The burden of proof regarding insurance liability rests with the petitioners and vehicle owner, who failed to provide valid documentation.
Claimants failed to establish negligence of the lorry driver, resulting in dismissal of compensation claim under section 166 of the Motor Vehicles Act.
The liability of insurers under the Motor Vehicles Act is strict, requiring them to prove negligence for exemption from claim payouts.
Claims under Section 163A of the Motor Vehicles Act do not require proof of negligence and allow for remand for consideration of further evidence against other parties.
A borrower of a vehicle is not entitled to claim compensation under Section 163-A of the Motor Vehicles Act, 1988, nor under personal accident coverage unless specific conditions are met.
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