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Tribunal finds insurance firm's no-licence story flimsy

The Tribunal thus asked the company to shell out an amount of Rs 4,02,425 towards the complainant, who suffered a brain injury after the bus met with an accident

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The Motor Accident Claim Tribunal (MACT) penalized Iffco-Tokio General Insurance company after it opposed the claim amount on the grounds that the driver of the offending vehicle did not hold a valid license while driving his vehicle.

The Tribunal thus asked the company to shell out an amount of Rs 4,02,425 towards the complainant, who suffered a brain injury after the bus met with an accident.

The case dates back to September 20, 2014, when Anil Ziman, a resident of Mankhurd, was on his way to Vijaydurg. Ziman was travelling in a luxury bus, which had started in the night hours. Next day when the bus reached Asurde village, while taking a sharp turn, the driver lost control and dashed against a tree. The dash was so severe that most of them died on the spot, while many others were injured, which included Ziman. All the injured were immediately rushed to a local hospital and were given immediate treatment.

Ziman suffered a brain injury. The accident caused swelling in his brain, which resulted in frequent memory losses. Thus, he had approached the Tribunal seeking compensation.

The insurance firm had opposed the claim on the grounds that the entire fault was of the driver, who was driving without a license, thus he failed to abide by the clause mentioned by the insurance company.

The Tribunal, however, rejected the insurance company's claim. "There is no whisper in the evidence to suggest that the bus driver was not holding a proper and valid license at the time of driving. Such defense raised by the insurer went without seriousness during the hearing of evidence as no oral or documentary evidence has been produced on that point. The insurer has not seriously contested such a point and hence kit has failed to establish its allegation," the order reads.

ORDER RS 4L PAYOUT 

  • Refusing to believe in the story of the insurance firm that the victim did not have a driving licence on him at the time of the mishap, the Tribunal directed it to pay Rs 4 lakh
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