Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Fatal Accident Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988 – s.166 – Fatal accident – Truck of appellant No.2 hit the motorcycle of the victim as a result of which victim sustained multiple injuries and died – Claim for compensation before the MACT – Tribunal held that the insurer was not liable, however, directed the amount of compensation with interest to be paid by the insurer with direction to recover the same from the owner and driver of the vehicle – Held: It is clear from the materials brought on record that the vehicle at the time of accident did not have a permit – Use of a vehicle in a place without a permit is a fundamental statutory infraction – Nothing was brought on record by the insured to prove that he had permit of the vehicle – In such a situation, the onus cannot be cast on the insurer – Therefore, the tribunal as well as the High Court had rightly directed the insurer to pay the compensation amount to the claimants with interest with stipulation that the insurer shall be entitled to recover the same from the owner and the driver – Doctrines/Principles – Pay and recover principle.Dismissing the appeal, the Court HELD: The insurer had taken the plea that the vehicle in question had no permit. The existence of a permit of any nature is a matter of documentary evidence. Nothing has been brought on record by the insured to prove that he had a permit of the vehicle. In such a situation, the onus cannot be cast on the insurer. Therefore, the tribunal as well as the High Court had directed the insurer to pay the compensation amount to the claimants with interest with the stipulation that the insurer shall be entitled to recover the same from the owner and the driver. The said directions are in consonance with the principles stated in Swaran Singh and other cases pertaining to pay and recover principle. [Para 23] [851-F-H] |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 531 |
Petitioner | Amrit Paul Singh & Anr. |
Respondent | Tata Aig General Insurance Co. Ltd. & Ors. |
SCR | [2018] 6 S.C.R. 838 |
Judgement Date | 2018-05-17 |
Case Number | 2253 |
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