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

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...