CHHATTISGARH HIGH COURT
Judge, J
Oriental Insurance Co. Ltd. v. Naresh Kumar Agrawal
| Table of Content |
|---|
| 1. appeal against tribunal's award and injury claim. (Para 1 , 2 , 3) |
| 2. denial of compensation based on insurance policy terms. (Para 4 , 5 , 6) |
| 3. legal provisions clarify insurance company liabilities. (Para 7 , 8 , 9) |
1. This is an appeal against the award dated 28.2.1991 passed by the Fifth Additional Motor Accidents Claims Tribunal, Raipur in Claim Case No. 12 of 1989, whereby an award of Rs.18,000 has been passed in favour of injured, respondent No. 1, who is owner of the vehicle.
2. On 22.12.1987 at about 12.30 in the night, the respondent No. 1, being owner of vehicle bearing registration No. MKS 8684, sitting on the left side of the driver of the vehicle, was travelling in connection with his business of collecting milk. Respondent No. 2 was driving the vehicle. The vehicle has been insured with the appellant. As a result of rash and negligent driving of respondent No. 2, the vehicle met with an accident and respondent No. 1 sustained grievous injuries, he lost his one eye and also suffered disfiguration. After calculating the damage, he filed an application under S.110 - A of Motor Vehicles Act, 1939 (henceforth, 'the Act') claiming an amount of Rs.85,000 aga
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