CHHATTISGARH HIGH COURT
XYZ, J
Insurance Company – Appellant
Versus
Claimants – Respondent
| Table of Content |
|---|
| 1. liability for compensation in motor accidents (Para 1 , 2) |
| 2. proving negligence and breach of driving license conditions by insurance (Para 7 , 11) |
| 3. burden of proof on insurer for policy breaches (Para 17 , 19) |
| 4. court's rejection of penal interest award (Para 26 , 28) |
1. Fastening of liability upon appellant insurance company and awarding penal interest to the claimant is the subject - matter of this appeal filed by the insurance company, challenging the impugned award dated 6.9.2013 passed in Claim Case No. 95 of 2013 by the 5th Additional Motor Accidents Claims Tribunal, Durg (for short 'Claims Tribunal').
2. Facts of the case in a nutshell are that on 20.1.2011 at about 11 a.m., Gaurav Sethi was travelling on his motor cycle bearing No. CG 07 - LR 6912 along with Durgesh Rao as pillion and going to Dhamdha from Durg. On the way, one truck bearing No. CG 07 - LR 4022 (for short 'offending vehicle') driven by respondent No. 3 / NA 1 dashed the motor cycle. In the said accident, Gaurav Sethi suffered grievous injuries over his person and he was taken to Sector - 9 hospital at Bhilai, where he was declared to be dead. Claimants, who are parents of deceased Gaurav
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