Compensation to victim of motor accident and liability of Insurance:
Facts and questions of law:
Vehicles insured with the petitioners were involved in accidents resulting in filing of claim applications by the respective legal representatives of the deceased(s) or the injured person(s), as the case may be.
Defences raised by the Petitioner company in the claim petitions purported to be in terms of Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) were :
(a) driving licence produced by the driver or owner of the vehicle was a fake one;
(b) driver did not have any licence whatsoever;
(c) licence, although was granted to the concerned driver but on expiry thereof, the same had not been renewed;
(d) licence granted to the drivers being for one class or description of vehicle but the vehicle involved in the accident was of different class or description; and
(e) the vehicle in question was driven by a person having a learner’s licence.
Continue reading “Liability of Insurance Company if vehicle is driven by unlicensed person”
Compensation for death in accident with motor vehicle:
Death of victim aged 29 years.
The case of the claimants rested on the premise that the deceased was likely to be made permanent in which event, he would be entitled to a higher salary. PW 3, who was the Secretary of the Trust, deposed that though the strength of the students had increased, and the workload had increased, persons such as the deceased continued in service on a contract basis for want of sanction from the government for the post. The High Court observed that the evidence of PW 3 was that if the government were to sanction the post, considering the seniority and experience of the deceased, the Trust would have appointed him as a permanent teacher in which event his salary, according to the scales of the 6th Pay Commission, would have been Rs 40,000 per month. The finding was that the deceased at the relevant time was 29 years of age; that he had completed his B.Ed. from the University of Mumbai and was an Assistant Teacher employed on a temporary/contract basis for teaching English from 2001 to 2006. The High Court adverted to the provisions contained in the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. In this background, the High Court arrived at the finding that if the deceased were to be alive, he would have been regularized and would have drawn a salary of Rs 40,000/- per month. Continue reading “Correct multiplier for death of victim aged about 29 years”