The Bombay High Court evaluates the insurance claim made by family of the deceased
Title: New India Assurance Company Limited v. Anju
Decided on: July 17, 2023
Citation: 2023 SCC OnLine Bom 1453
CORAM: HON’BLE JUSTICE M.S. S.G. CHAPALGAONKAR
Introduction
The Bombay High Court evaluates the insurance claim made by the family of the deceased
Facts of the Case
Claimants had approached the Tribunal seeking compensation towards death of deceased Rahul, who was their bachelor son. The contention of the claimants is that, while Rahul was proceeding on his motorcycle, a truck came from opposite direction and collided against the motorcycle causing fatal injuries to Rahul. According to the claimants, he was their care taker and would have been support of the advance age. The claim was contested by the Insurance Company on the ground that the driver of the insured vehicle was not holding valid and effective driving license. It was argued that the truck driver was prosecuted for rash and negligent driving in pursuance of the FIR filed against him. However, the insurer cannot be exonerated from satisfying the award and recover the compensation amount for the claimants.
Court Analysis and Judgement:
The Court found the driver guilty of negligent and reckless driving and driving without a valid driving license. Additionally, it was held that the insurer cannot avoid liability to pay the compensation to the victim of the accident although it succeeded in successfully using the defense of breach of policy as contemplated under Section 149 (2) of the Motor Vehicles Act.
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Written by- Reema Nayak
