The High Court of Chhattisgarh dismissed an appeal by an insurance company against a Motor Accident Claims Tribunal award. The Tribunal had granted Rs.441,500 in compensation. The appeal arguing breach of policy conditions and commercial usage was dismissed due to lack of evidence. No general principle was laid down.
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.
1
NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MAC No. 192 of 2018
United India Insurance Company Limited Through Its Divisional Manager, Divisional Office - Bramh Road, Near Kumkum Hotel, Ambikapur, Distt. Surguja (Chhattisgarh).
---- Appellant
Versus
---- Respondents
For Appellant
: Shri Dashrath Gupta, Advocate.
SB: Hon'ble Shri Justice P. Sam Koshy
Judgment on Board
01.02.2018
2
and as such there is a clear breach of policy conditions. He further submits that it is a case where the liability under the policy issued was act only policy which would cover the risk of only third party. On this ground also, the liability should have been shifted upon the owner.
Sd/-
(P.Sam Koshy) Judge
inder
1 issue framed by the court
Whether the High Court should interfere with the Motor Accident Claims Tribunal award which was upheld against allegations of breach of policy conditions and commercial usage of the vehicle.
United India Insurance Company Limited
Smt. Soniya @ Sonoya
Mukesh Mahto
Mohit Mahto
Smt. Kismait Devi
Kuldeep Barik
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
