Lawstreet Journal

Need Not Prove Someone Else Was Driving Recklessly; Gujarat High Court Orders Insurance Co To Pay Compensation

Lawstreet Journal 15 Feb 2022 10:34pm

Image courtesy: Lawstreet Journal Judiciary Need Not Prove Someone Else Was Driving Recklessly; Gujarat High Court Orders Insurance Co To Pay Compensation

The Gujarat High Court, reiterating that it is not necessary to prove that someone else was driving the vehicle rashly and negligently, resulting in the victim's death, has imposed liability on the insurance company to pay compensation to the victim's family under Section 163A of the Motor Vehicles Act.

The Bench comprising Justice Sandeep N Bhatt gave this order in connection with the First Appeal filed under Section 173 of the Motor Vehicle Act by the Appellant’s who were dissatisfied with the verdict of the Motor Accident Claims Tribunal.

BACKGROUND

While going home on his tractor, the deceased father of the Appellant - Claimants had the vehicle overturned and died as a result. The tractor belonged to opponent number one. According to the Appellants, the deceased's monthly income was Rs. 3,200 and he had a valid driver's licence.

The Tribunal ordered compensation in the amount of Rs.3,30, 900/-, including funeral expenses, plus 9% interest per annum. Only Opponent No. 1 was to pay the said amount and not the insurance company. The Appellant had claimed Rs. 4,38,836/- as compensation from Opponent 1 and Opponent 2 (insurance company). Opponent 1 did not appear before the tribunal.

The Appellants' primary argument was that the insurance company had collected Rs. 100 as Premiums towards personal accident of owner-cum-driver and collected Rs. 25 as premium towards legal liability to the drive, hence could not be exonerated from the liability.

In the case of Valiben Laxmanbhai Thakore (Koli), Wd/ (4) GLH 77, it was… Continue Reading...


Tagged: Gujarat High Court  
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