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
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
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