Branch Manager. Hdfc Ergo General Insurance Company Limited v. Smt. Kisu (Kishu) Bai Patel
Case brief
What is this about?
MAC No. 2256 of 2019; High Court of Chhattisgarh at Bilaspur; Single Bench; Sanjay K. Agrawal J.; decided 10/04/2026; NAFR; appeal under Section 173 Motor Vehicles Act 1988; Hdfc Ergo General Insurance Company Limited (appellant/insurer of paver machine Regn. No. Gj-02-Tc-175); claimant family of Late Khelavan Patel (respondents 1-6); Rohit driver; Kiran Buildcon owner; MACT Bemetara; Claim Case No.98/2018; award dated 2.8.2019; compensation Rs.8,54,000/- fastened on insurer; contended limited liability Rs.1,30,000/-; plea not expressly taken and not proved; appeal dismissed; Nilesh Kumar Thakur for appellant; Arvind Prasad for respondents 7 & 8.
What did the court decide?
The plea that the Insurance Company's liability was confined to Rs.1,30,000/- was not expressly taken before the Claims Tribunal, and no evidence was led by the Insurance Company to establish that plea.