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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
National Insurance Company Limited – Appellant
Versus
Hasmukh Pannalal Punamiya – Respondent
| Table of Content |
|---|
| 1. summary of lower court findings and appellant's contentions regarding the validity of the driving license. (Para 1 , 2) |
| 2. arguments regarding the owner's responsibility and competence in checking the driver's documentation. (Para 3 , 4 , 5) |
| 3. court's interpretation of liability principles, emphasizing that the burden of proof for the owner's knowledge of a fake license rests with the insurer. (Para 6 , 7) |
| 4. final adjudication on interest rates and dismissal of the appeal. (Para 8 , 9 , 10 , 11 , 12 , 13) |
Meenakshi Madan Rai, J.
1. The Claimants/Respondents No.1 to 3 herein were granted compensation of ₹ 5,00,000/- (Rupees five lakhs) only, vide the impugned Judgment, dated 12-08-2024, by the Learned Motor Accidents Claims Tribunal, Gangtok, Sikkim (hereinafter, the “MACT”), in MACT Case No.26 of 2022 (Hasmukh Pannalal Punamiya and Others vs. The Branch Manager, National Insurance Co. Ltd. And Another), under Section 164(1) of the Motor Vehicles Act, 1988 (hereinafter, the “MV Act”), along with interest @ 6% per annum, from the date of filing of the Claim Petition, i.e., 16-12-2022, till full realisation.
2. The Appellant is before this Court assailing the award on g
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