First appeal against Motor Accident Claims Tribunal award of Rs. 15,051. Court rejected argument that policy coverage was limited to private cars and accepted tribunal finding of grievous injury caused by rash driving.
No relief granted; appeal dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 16
Case :- FIRST APPEAL FROM ORDER No. - 2208 of 2018 Appellant :- National Insurance Company Ltd. Respondent :- Sanjay Kumar And Anr Counsel for Appellant :- Sushil Kumar Mehrotra Counsel for Respondent :- Raj Kumar Singh Hon'ble Arvind Kumar Mishra-I,J.
responsible in equal proportion for the accident in question, but the tribunal illegally held that the accident was the result of sole rash and negligent driving of Bolero Jeep No. UP No.73 H 1156. He adds that the vehicle was insured by the appellant insurance company by issuing an Act Policy (Private Car), whereas admittedly it was being used as 'Taxi' on the date and time of the accident in breach of the terms and conditions of the insurance policy, but the tribunal failed to appreciate the same. So far as injury is concerned, the injury cannot be said to be grievous in nature, but the same is simple. Lastly, he adds that the claimant/injured who was travelling in Bolero Jeep insured by the appellant insurance company, could not be treated as third party, he being a passenger in the vehicle, therefore, appellant could not be made liable to make payment of compensation.
record is itself indicative of fact that the accident was the outcome of rash and negligent driving of the offending vehicle in question- sayBolero Jeep No. UP 73 H 1156. In this regard specific finding has been recorded by the tribunal based on statement of the injured himself that the aforesaid vehicle in question was being driven rashly and negligently.
Order Date :- 1.5.2018/Raj
3 issues framed by the court
Whether insurance company is liable when vehicle was used as taxi despite private car policy
Whether injury qualifies as grievous
Whether compensation amount is erroneous
2 provisions across 1 enactments
National Insurance Company Ltd.
Sanjay Kumar And Anr
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
