Insurer Cannot Deny Liability Without Proving Contributory Negligence, Delay In Filing FIR No GroundsTo Reject Claim: Jharkhand HC
Live LawThe Jharkhand High Court in a recent judgement had dismissed an appeal filed by an insurance company while reaffirming that in a motor accident compensation claim case, the onus lies upon the insurance company to prove contributory negligence Justice Sanjay Kumar Dwivedi, presiding over the case, emphasized, “So far as the contributory negligence is concerned, no evidence was led and further the onus lies upon the insurance company to prove the same.” The above ruling was delivered in the Motor Accident Claim Case arising out of an appeal filed by the insurance company challenging the award passed by the Motor Vehicles Accident Claims Tribunal, Ranchi. and National Insurance Company Limited v. Pranay Sethi & Ors., it noted that, even if the father of the deceased was not dependent, the calculation of 1/4th equal share considered for personal deduction and living expenses was rightly been calculated The High Court in its judgement also noted, “In light of these documents as well as the oral evidence, the learned Tribunal has come to the conclusion that none of the terms and conditions of the policy was missed and it was decided against the insurance company. just one day after the accident, in view of that the contention of the learned counsel appearing for the appellant-insurance company with regard to registration of the FIR is not tenable, as the chargesheet has been submitted, which has been exhibited and the accident took place and the post-mortem report was on the record.” The court upheld the award granted by the Motor Accident Claims Tribunal, Ranchi, in the Motor Accident Claim Case, dismissing the appeal filed by the Cholamandalam MS General Insurance Co. Ltd. The Court while concluding the Order, directed, "The statutory amount deposited by the insurance company shall be transmitted back to the learned Tribunal and that amount will be utilized in satisfying the award in favour of the claimants and if the entire amount has already been deposited by the said insurance company, the statutory amount will be refunded back by the learned Tribunal to the insurance company."
History of this topic
Burden of Proof On Insurer To Substantiate Reasons For Denial Of Claim : Telangana State Commission Holds LIC Liable For Deficiency In Service
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[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
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Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC
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Exclusion Of Coverage For Injuries Sustained During Initial Days Of Policy Issuance Is Illegal, Uttarakhand State Commission Holds Birla Sun Life Insurance Co. Liable
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Chandigarh: Car insurer fined 15k for rejecting claim
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[Motor Accident] Insurance Company Not Exempted From Third Party Liability For Breach Of Policy, May Recover From Insured: Karnataka HC Reiterates
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S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC
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Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court
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Insurer Cannot Avoid Third Party Liability On The Ground Of Non-Registration Of Vehicle : Himachal Pradesh HC [Read Judgment]
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