HDFC ERGO appealed an award fixing liability for a motor accident claim. The High Court held that the Claims Tribunal's finding regarding the driver's license was based on evidence, not perverse, and rejected the insurance company's challenge, dismissing the appeal.
The appeal was dismissed with no order as to costs.
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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Misc. Appeal (C) No.767 of 2014
HDFC ERGO General Insurance Company Limited, Through its Assistant Legal Manager, HDFC ERGO General Insurance Company Limited, 205-206 – 2nd Floor, DM Tower, 7, Race Course Road, Indore (M.P.)
(Insurer) ---- Appellant
Versus
Respondents No.3 & 4 being minor represented through father Shiv Balak/Resp. No.1, All are R/o Village Sunderganj, P.S. Jainagar, Tahsil Surajpur, District Surajpur (C.G.)
(Claimants)
(Owner) ---- Respondents
-----------------------------------------------------------------------------------------------------For Appellant: Mr. N.K. Thakur and Mr. Rohitashva Singh, Advocates. For Respondents No.1 to 4: -
Mr. A.K. Prasad, Advocate.
For Respondents No.5 and 6: -
Mr. Vivek Bhakta, Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
02/12/2021
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award dated 16-5-2014 passed by the 2nd Additional Motor Accident Claims Tribunal, Surajpur in Motor Accident Claim Case No.105/2011 by which the liability of ₹ 4,89,000/- with 9% interest per annum from the date of making application has been fastened upon it.
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which the Claims Tribunal did not accept and recorded a finding that the driver did have valid and effective driving license to drive the offending vehicle and there is no violation of the terms of the insurance policy.
Sd/(Sanjay K. Agrawal) Judge
Soma
1 issue framed by the court
Whether the impugned award of liability fixed upon the Insurance Company should be set aside due to alleged lack of valid driving license and vehicle permit.
HDFC ERGO General Insurance Company Limited
Shiv Balak
Sobin Xalxo
Bindeshwari Xalxo
Sampat Xalxo
Vimal Bachhad
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
