Facts
On 21 June 1994, Azizkha Nazirkha Luhar died in a head-on collision between the tanker he was driving and a truck.
Source reference: pp. 1–3His dependants sought compensation under Section 166 of the Motor Vehicles Act, 1988.
Source reference: pp. 1–3The Tribunal found Azizkha solely negligent, awarded Rs. 3,79,000 with 9% annual interest, and directed Opponent Nos. 4 and 5, including the insurer, to indemnify the claim while exonerating Opponent Nos. 1 to 3.
Source reference: pp. 1–3The insurer appealed, challenging its liability and the finding of sole negligence; the claimants cross-objected, seeking enhanced compensation.
Source reference: pp. 1, 3–4Issues
1. Whether the insurer could be required to indemnify the claim where the policy premium covered the paid
Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19882
Original Court PDF
NATIONAL INSURANCE COMPANY LTD.vsGAFURNABI WD/O AZIZKHA NAZIRKHA LUHAR
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