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Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation
28 Nov 2019 01:54 pm
The Bombay High Court recently observed that it is the fundamental duty of Motor Accident Claims Tribunal (MACT) to arrive at a proper conclusion and award just compensation. The court concluded that a 'cryptic judgment' passed by MACT deserves remand and allowed an appeal filed by the Oriental Insurance Company Ltd.
Justice Vibha Kankanwadi of Aurangabad bench set aside a judgment of MACT partly allowing a petition filed under Section 166 of the Motor Vehicles Act and awarding compensation of Rs.65,000 and Rs.1,20,000 to the claimants.
Case Background
According to the claimants, they were travelling in a tempo carrying soybean bags on October 18, 2006 to Latur. It was stated that they were sitting in tempo to protect their goods. The said tempo turned upside down and claimants sustained severe injuries. The tempo was insured with Oriental Insurance at the time of the accident.
Oriental Insurance argued before MACT that both the claimants were not travelling with their goods in the said tempo which is registered as a goods carriage only and risk of the passengers travelling unauthorizedly from the said tempo was not covered under the insurance policy. There is breach of terms of policy and therefore, insurance company cannot be held responsible to pay any amount of compensation.
The Oriental Insurance Co. Ltd. and Ors. vs. Prakash Shahuraj Mali and Ors.
