In a landmark judgment in a motor vehicle accident case, the Gujarat High Court held that even if there is no proof of insurance policy, the insurance company is liable to pay compensation to the heirs of the deceased.
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High Court Justice Nisha M. Thakore, while pronouncing the judgement said, Insurance companies cannot escape from this statutory responsibility Justice Thakore modified the tribunal’s compensation order in a motor vehicle accident case and held the insurance companies, the owner of the luxury bus and the driver jointly liable to pay compensation to the heirs of the deceased.
The High Court held the insurance company Oriental General Insurance Company, the owner and driver of the luxury bus jointly and severally liable to pay the compensation and ordered them to pay the compensation amount with 9 per cent interest per annum.
On behalf of the petitioner, Advocate Hiren Modi stated that on 14-6-1986, Vinubhai, with his brother Vitthalbhai Somabhai, was walking on the footpath in Surat. Suddenly the driver of luxury bus number GTK-3001 drove his vehicle erratically and hit both of them from back. Vitthalbhai died on the spot due to serious injuries.
The heirs of the deceased filed a claim in the Surat Motor Accident Claims Tribunal regarding compensation, the Tribunal vide judgment dated 5-5-2009 ordered a compensation of less amount, but the Tribunal in its judgment did not hold the insurance company liable for payment of compensation.
During the hearing of the claim before the Tribunal, the heirs of the deceased could not produce the insurance policy. But the details of the same were produced through Panchnama which however was refused as evidence by the Tribunal and the insurance company was not held liable for compensation in the absence of evidence of the insurance policy.
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