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CHHATTISGARH HIGH COURT
Dilip Raosaheb Deshmukh, J.
United India Insurance Co. Ltd. v. Kunjbihari Mishra
| Table of Content |
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| 1. court's focus on insurance policy obligations and third-party rights. (Para 2 , 6 , 7) |
| 2. involves subject matter on vehicle accident and parties' negligence. (Para 3 , 4 , 5) |
| 3. discussion on statutory obligations of insurers under the motor vehicles act. (Para 8 , 9) |
| 4. explains circumstances under which payment can be recovered from insurers. (Para 10 , 11 , 12) |
| 5. concludes with judgment on responsibilities of insurers and claimants. (Para 15 , 16 , 17 , 18) |
1. Heard finally.
2. The only point that arises for determination in this appeal is whether learned Additional Motor Accidents Claims Tribunal, Bilaspur (henceforth 'the Tribunal') was justified in passing the award of pay and recover against the appellant insurer after recording a finding that the driver of the offending vehicle did not possess a driving licence.
3. It is not in dispute in this appeal that claimant - respondent No. 1, a pedestrian, who was knocked down by the motor cycle No. CG 11 - B 6166 driven by respondent No. 2 is a third party, whose risk was statutorily covered by the insurer under the policy of insurance.
4. Shyamlal Kurmi, respondent No. 3, the owner of the offending vehicle motor cycle
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