The New India Assurance Company Limted v. Smt. Jana Bai
Case brief
What is this about?
Keywords: fake driving licence; breach of policy conditions; burden of proof on insurer; Swaran Singh (2004) 3 SCC 297; Section 149(2) Motor Vehicles Act; owner's due verification of licence; package policy third-party cover; enhancement of compensation; net monthly income Rs.44,228; Bhilai Steel Plant Senior Operator SMS-2; age 59; multipliers 1 and 8; Sarla Verma 50% personal deduction; Pranay Sethi 15% future prospects; Magma parental/spousal/filial consortium; Satinder Kaur 10% escalation every three years; total compensation Rs.7,81,573; enhancement Rs.2,30,205 with 9% interest; payment within 60 days; Truck CG-04-JC-2656; Crime No.181/15 under Sections 279 and 304-A IPC; New India Assurance; High Court of Chhattisgarh at Bilaspur; MAC No.1267/2018; MAC No.419/2018.
What did the court decide?
MAC No.1267/2018 (claimants) allowed in part: compensation enhanced by Rs.2,30,205/- (total Rs.7,81,573/-) with interest @ 9% from the date of enhancement till realization, other Tribunal conditions intact; MAC No.419/2018 (Insurance Company) dismissed; insurer directed to pay the enhanced amount within 60 days of production of certified copy.