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| MACT awards Rs 5 crore compensation in accident case | | | Early Times Report
JAMMU, Oct 30: Presiding Officer MACT Court Rajouri RN Wattal today decided 67 mact petitions and awards 5, 32, 40000/- as compensation and directed OIC to pay the compensation with 7.5% PA.
MACT Court while awarding compensation, observed that the petitioners in the claim petitions have lost their near and dear ones due to the negligence of deceased respondent/driver, who is tortuously liable and respondent/owner is vicariously liable to pay the compensation to the petitioners. Since the offending vehicle was insured with respondent/insurance, as such, the respondent/insurance company shall be liable to indemnify the owner of the offending vehicle of his liability with respect to the highest awards of seating capacity i.e. 37 passengers. As discussed in Para 175 supra, there was overloading of 19 passengers, out of which claim petitions with respect to 04 passengers (deceased) have been dismissed and for remaining 15 passengers (deceased), the awards passed, which are lowest in the amount (reliance placed on case titled United India Insurance Co. Ltd. Vs. K.M. Poonam & ors., decided by Hon'ble Supreme Court on 18.02.2011) shall be paid by the owner of offending vehicle, but at first instance by the respondent/insurance company, with liberty to recover the same from owner of the offending vehicle.
Court directed Oriental Insurance to make payment of the awarded amount within a period of 60 days from the date of award. Since the offending vehicle was overloaded in contravention of the terms and conditions of the Insurance Policy, the respondent/insurance company is at liberty to recover the awarded amount with regard to the 15 lowest awards from respondent/owner as pay and recovery liability. —JNF |
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