Case Note & Summary
The case involves a minor claimant, Varshaben Dineshbhai, who was a pillion rider on a motorcycle when a Utility Van driven rashly and negligently by respondent No.3 caused an accident on 06.03.2007. The claimant sustained multiple fractures and became permanently disabled. She filed a claim petition before the Motor Accident Claims Tribunal (Aux), Surendranagar, which partly allowed the claim and awarded Rs.69,600/- with 9% interest, but exonerated the Insurance Company (respondent No.4) from liability. The claimant appealed for enhancement of compensation. The High Court considered the facts and held that the compensation was inadequate. It enhanced the compensation to Rs.1,00,000/- with 9% interest from the date of filing till realization. The Court also upheld the Tribunal's decision to exonerate the Insurance Company due to breach of policy conditions, as the driver did not have a valid driving license. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation for Minor - Permanent Disability - The claimant, a 13-year-old pillion rider, sustained permanent disability due to rash driving by the van driver. The High Court enhanced compensation from Rs.69,600/- to Rs.1,00,000/- considering the disability and pain. (Paras 1-9) B) Motor Accident Claims - Breach of Policy Conditions - Exoneration of Insurance Company - The Tribunal exonerated the Insurance Company on the ground that the driver of the offending vehicle did not have a valid driving license. The High Court upheld the exoneration as there was a breach of policy conditions. (Paras 1-9)
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the Insurance Company was rightly exonerated from liability.
Final Decision
The appeal is partly allowed. The compensation is enhanced from Rs.69,600/- to Rs.1,00,000/- with interest at 9% per annum from the date of filing of the claim petition till realization. The Insurance Company is exonerated from liability.
Law Points
- Motor Accident Claims
- Compensation for Minor
- Permanent Disability
- Breach of Policy Conditions
- Exoneration of Insurance Company
