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W. DIENGDOH
New India Assurance Co. Ltd – Appellant
Versus
Dresilla Mawroh – Respondent
| Table of Content |
|---|
| 1. factual background of the accident and claims. (Para 3 , 4 , 5 , 6) |
| 2. arguments concerning adherence to natural justice. (Para 7 , 8 , 9 , 10 , 11) |
| 3. discussions on the case law and principles of fraud. (Para 12 , 13 , 14) |
| 4. defense arguments relating to compensation liability. (Para 15 , 16 , 21) |
| 5. legal principles on compensation and fraud defenses. (Para 18 , 36) |
| 6. final analysis and directive for compensation payment. (Para 34 , 37 , 38 , 39) |
JUDGMENT
1. Not being satisfied by the common judgment and order dtd. 30/7/2021 passed by the learned Member, Motor Accident Claim Tribunal, East Khasi Hills District, Shillong in MAC Case Nos. 95, 96 and 97 of 2006 respectively, the appellant/New India Assurance Co. Ltd. has now approached this Court with this appeal, inter alia, with a prayer that the said impugned judgment be set aside or be modified.
2. Since a common judgment and award was passed by the learned MACT, though three separate appeals were filed by the appellant, it would be prudent and convenient for this Court to consider the pleadings and argument of the parties and to pass a common judgment accordingly.
3. Facts admitted by the parties herein is that o
The insurer is liable for compensation regardless of alleged fraud concerning the insurance policy, which must be proven by the insurer.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The insurance company is liable to indemnify the owner in respect of the statutory liability unless the policy is cancelled and intimated to the insured before the accident.
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
Insurance liability issues in motor accidents should be assessed accurately to ensure claimants receive timely compensation, irrespective of disputes between insurers.
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....
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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