Skip to main content

Insurance co. exonerated in compensation case

The Motor Accident Claims Tribunal (MACT) has exonerated an insurance firm from paying compensation to a road accident victim on the grounds that the driver of the offending vehicle did not possess a valid Heavy Transport Vehicle (HTV) driving licence.
The Tribunal, holding both the driver and victim equally responsible for the accident, also reduced the compensation amount, to be paid by the owner of the truck that hit the complainant Ramesh Eknath Kamble’s motorcycle at a signal light.

The Member of the Tribunal and Additional Sessions Judge, S Y Kulkarni, in his award, stated that non-possession of the licence by the truck driver violated terms and conditions of the insurance policy.

'Therefore, in present facts and circumstances of the case I hold that insurance company deserves to be exonerated from the responsibility to pay the compensation to the applicant.

'In present facts and circumstances of the case I am of the view that only the opponent the owner of the offending vehicle can be held responsible to pay the compensation to the applicant,' he added.

Kamble, a resident of Thane, had claimed that at the time of the accident that took place on February 17, 2008, he was earning a total income of Rs 30,000 from his business.

The accident left him with injuries to leg, causing permanent partial disability.

He filed the claim against the owner of the tanker Chandrakant G Mhatre and the Insurance company The National Insurance Company with whom the truck was insured.

In his order, the judge worked out a total compensation eligible for the applicant as Rs. 12,69,002 but as he had held that both the driver of the tanker and the claimant were equally responsible for the accident, he said that 50 per cent of the amount towards negligence on part of the applicant is required to be deducted towards his negligence and he can be granted only Rs. 6,34,501.

He ordered the owner of the tanker to pay this amount with interest at the rate of seven per cent per annum to the claiman

Article referred: http://www.indlawnews.com/NewsDisplay.aspx?35397af3-5610-4bd6-9ba5-aebda9886ce6

Comments

Post a Comment

Most viewed this month

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice

In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court  by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...
Post a Comment
Read more

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/
Post a Comment
Read more

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more