AI Structured Summary
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Judgment
1.,Loss of dependency,"Rs.15,52,512/-
2.,Loss of consortium,"Rs.1,50,000/-
3.,Loss of Love & Affection,"Rs.1,50,000/-
4.,Loss of estate,"Rs.50,000/-
5.,Funeral expenses,"Rs.50,000/-
,Total,"Rs.19,52,512/-
1.,Loss of earning capacity,"Rs.26,34,777/-
2.,Pain and suffering,"Rs.1,00,000/-
3.,Medical expenses,"Rs.70,877/-
4.,Loss of enjoyment of amenities of life,"Rs.40,000/-
5.,Conveyance and special diet,"Rs.30,000/-
,Total,"Rs.28,75,654/-
i.e. of insured car being plied as a taxi, though it was insured as a private car.",,
In the considered opinion of this Court, concealment of material facts by owner of the insured vehicle attracts the provisions of Section 149 of the",,
Motor Vehicles Act, 1988. The expression “liability covered by the terms of the policy†as referred to in Sub-Section 6 of Section 149 of Motor",,
Vehicles Act, 1988, gives a discretion to determine as to what is the extent of liability covered. I am of considered opinion that the Tribunal has rightly",,
concluded that the proportionate liability of appellant-Insurer would be 88.5% of the total amount of compensation payable, in the light of premium",,
charged, while insuring the car in question as a private car. Recovery rights in respect of 11.5% of the total compensation have been rightly granted to",,
appellant-Insurer. The violation of terms and conditions of insurance policy in the instant case is not such, which would entitle the Insurer to avoid the",,
insurance policy. Thus, I find that the Tribunal has rightly determined the liability aspect and impugned Award on this aspect, is therefore",,
maintained.Â,,
In the light of aforesaid, the compensation payable to legal heirs of deceased-Narmada is reduced from Rs.19,52,512/- to Rs.15,19,011/- and",,
compensation payable to Injured-Vijay is also reduced from Rs.30,63,853/- to Rs.28,75,654/-, which shall carry interest @9% per annum. The",,
compensation be released to the legal heirs of deceased- Narmada and Injured- Vijay, Bhawna, Megha and Master Dev in terms of this judgment but",,
in the manner as indicated by the Tribunal in the impugned Award. Excess deposit alongwith statutory deposit be refunded to appellant- Insurer.,,
The impugned Award is modified to the aforesaid extent. The above captioned five appeals and the applications are accordingly disposed of.,,