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APARESH KUMAR SINGH
National Insurance Company Limited – Appellant
Versus
Mampi Goswami (Banerjee) – Respondent
ORDER
IA No.03/2023 in MACApp. No.56 of 2023
Heard Mr. Samrat Kar Bhowmik, learned senior counsel for the applicant-Insurance Company, Mr. A.K. Pal, learned counsel for the claimants and Mr. H.K. Bhowmik, learned counsel for the respondent No.4-owner and respondent No.5-driver of the offending vehicle on the prayer for impleadment made through IA No.03/2023. A motor vehicle accident occurred on 16.04.2021 at about 13.45 hours near S.T. Paul's School between the deceased Pallab Banerjee, who was restarting the auto and the motor bike No.TR-01-X-8678. The Motor Accidents Claim Tribunal, West Tripura, Agartala, Court No.5 has awarded a compensation of Rs.22,65,000/- with interest thereon at the rate of 8% per annum from the date of filing of the claim application i.e. 10.11.2021 till its realization in full to be distributed amongst the claimant No.1-widow of the deceased and the claimant No.2-minor son of the deceased and claimant No.3-mother of the deceased in the ratio of 50%, 25% and 25% respectively to be paid by the insurance company on the strength of the finding on issue No.2 that the driver of the offending vehicle i.e. O.P. No.2-son of O.P. No.1-owner of the offending vehicle
The court emphasized the necessity of due diligence in identifying parties for impleadment, particularly when information is available during earlier proceedings.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The court established that civil liability in motor accident claims is determined independently of criminal proceedings, emphasizing the need for clear evidence of negligence.
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
The financial benefits of compassionate employment should not be deducted from the compensation amount payable by the tort feasor.
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
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