Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Sanjay Kumar Dwivedi, J
Divisional Manager Cholamandalam Ms General Insurance Co. Ltd., – Appellant
Versus
Pratima Devi W/o Late Binod Kumar – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Ashutosh Anand, learned counsel appearing for the appellant-insurance company, Mr. Sanjay Kumar Tiwari, learned counsel appearing for the respondent Nos. 1 to 5, who are the claimants and Mrs. Nivedita Kundu, learned counsel appearing for the respondent No. 6, who is the owner of the offending vehicle.
2. This appeal is preferred being aggrieved and dissatisfied with the judgment / award dated 31.05.2022, passed in Motor Accident Claim Case No. 216 of 2017, by the learned Motor Vehicle Accident Claims Tribunal, Ranchi.
3. With regard to admission of the present appeal, learned counsel appearing for the insurance company has agitated two grounds. Firstly, the vehicle in question was impersonated and in spite of that the learned tribunal has passed the award, which is against the mandate of law and secondly the income has wrongly been assessed by the learned tribunal. On these grounds, the insurance company has challenged the award of the learned tribunal.
4. By way of elaborating the argument, Mr. Ashutosh Anand, learned counsel appearing for the appellant insurance company submits that the vehicle in question itself was not involved in the
The court affirmed the Tribunal's award, finding no illegality in the assessment of the vehicle's involvement or the deceased's income for compensation purposes.
Rash and negligent driving is sine qua non for maintaining claim petition seeking compensation in terms of provisions of Section 166 of Motor Vehicles Act held that plea of negligence set up by claim....
In motor accident claims, the standard of proof is based on preponderance of probabilities, allowing claimants to seek compensation irrespective of dependency status if they qualify as legal represen....
The insurance company was held liable for compensation under the Motor Vehicles Act, with the court reaffirming the validity of the insurance policy and proper compensation assessment methodologies.
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
The court upheld that failure to prove the invalidity of a driver's license imposes compensation liability on the insurer, reiterating principles for calculating dependency and future prospects in wr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
