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T. AMARNATH GOUD
National Insurance Company Limited – Appellant
Versus
Malek Miah – Respondent
JUDGMENT
1. This is an appeal filed under Section 173 of the MOTOR VEHICLES ACT , 1988 against the impugned judgment and award dated 18.09.2021 passed by the learned Motor Accident Claims Tribunal No.1, West Tripura, Agartala, in Case No.TS.(MAC) No.254 of 2016 and staying of the operation of the impugned judgment and award dated 18.09.2021. Further not to proceed with any execution proceeding if any filed by the claimant respondents in the meantime, till disposal of the present appeal.
2. The fact of the case, in brief, is that, on 25.02.2015 the victim Sahara Khatun alias Sayera Begum as a gratuitous passenger went to Indranagar, Agartala boarding vehicle bearing No.TR-01-AQ-0228(Maruti Alto 800) for participating in a religious function of the Muslim Community. On the way back home, when the vehicle reached Ranirbazar, Nalgaria, on Assam-Agartala Road, at about 0.15 hrs of 26.02.2015, while giving pass to another vehicle dashed against a tree on the left side. As a result, Sahara Khatun alias Sayera Begum and the passengers in the said vehicle sustained serious injuries. With the help of the local people and fire service, they were taken to Ranirbazar PHC, wherefrom they were re
The Insurance Company is liable for compensation due to valid coverage and use of the insured vehicle in a fatal accident involving unauthorized passenger transport.
Liability for compensation in a vehicular accident rests with the insurer when the incident occurs within the policy period and the driver possesses a valid license.
Insurance policies prohibiting the carrying of passengers do not exempt liability if the policy holder fails to prove commercial intent in a case of passenger injury.
The onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
Contributory negligence must be proven with evidence; liability for a motor accident cannot be inferred from the mere fact of a head-on collision.
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
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