Bombay High Court Holds Insurance Company Liable for Compensation in Motor Accident Case: Lack of Evidence of Hazardous Goods Carriage Leads to Modified Order
In a significant judgment, the Bombay High Court has held The New India Insurance Company liable to pay compensation in a motor accident case. The court modified the order of the Motor Accident Claims Tribunal and ruled that there was a lack of evidence to establish the presence of hazardous goods in the offending vehicle at the time of the accident.
The case, Vijay Arvind Pore v. Rupali Ramdas Deshmukh and others, involved an appeal against the decision of the tribunal. The appellant, Mr. Vijay Arvind Pore, had contended that the offending vehicle, which was insured with The New India Insurance Company, was wrongly exempted from liability by the tribunal. The appellant’s counsel argued that no witnesses were examined to prove the presence of gas cylinders in the offending vehicle, which was a breach of the insurance policy’s terms.
After thoroughly examining the evidence presented before the tribunal, Justice Shivkumar Dige observed that there was no clear proof that the offending truck was carrying hazardous goods, specifically gas cylinders, at the time of the accident. The court noted that the spot panchanamma, which mentioned the name of a gas company on the truck, did not conclusively establish the presence of gas cylinders during the accident. Furthermore, it was revealed that the driver of the offending truck had a valid license for driving a heavy vehicle but lacked the necessary endorsement for carrying hazardous goods.
Justice Dige, while modifying the tribunal’s order, emphasized that without sufficient evidence, the liability could not be fixed on the appellant or the insurance company. The court held that there was no breach of the insurance policy’s terms and conditions, thus making The New India Insurance Company liable to pay the compensation amount as determined by the tribunal.
The judgment serves as a reminder of the importance of substantial evidence in establishing liability in motor accident cases. The court’s ruling highlights the need for a comprehensive examination of the facts and adherence to the requirements set out in insurance policies. This judgment is expected to have implications for future cases involving insurance companies and the liability of vehicle owners in accidents.
Legal experts are praising the court’s decision for upholding the principle of evidence-based judgments and ensuring that the burden of proof lies with the party making the allegations. The modified order holds the insurance company accountable for providing compensation to the claimants, providing them with the necessary support and financial relief.
The New India Insurance Company has been directed by the court to deposit the compensation amount along with accrued interest within eight weeks from the receipt of the order. The claimants, in turn, have been permitted to withdraw the deposited amount along with the accrued interest.
This judgment may potentially lead to a revaluation of the standards applied by tribunals when determining liability in motor accident cases involving insurance companies. It highlights the significance of a thorough examination of evidence and a fair interpretation of policy terms in resolving disputes related to compensation claims in accidents.
DATE: May 4, 2023
Vijay Arvind Pore VS Rupali Ramdas Deshmukh
