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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Branch Manager H.D.F.C. Ergo General Insurance Company, Raipur District – Appellant
Versus
Kailash Kumar Kachlame S/o Late Bisram – Respondent
ORDER :
1. This is an appeal by the insurance company against the award dated 07.05.2018 passed by the 6th Additional Motor Accidents Claims Tribunal, Durg (C.G.) in Claim Case No.107 of 2016, in which compensation of Rs.7,10,400/- has been granted in favour of the claimants fastening liability upon the appellant insurance company and owner-Respondent No.4 of the offending machine in ratio of Rs.5,75,000/- and rest of the amount Rs.1,35,400/- to the Respondent No.4 i.e. owner herein to pay the compensation as above.
2. Facts of the present case, in brief, are that the appellant herein is the insurer of the machine bearing registration number 210 Kobelco Poklen (hereinafter referred to as the “offending machine”). The respondents No. 1 and 2, being the legal heirs and representatives of the deceased Tarun Kachlame, filed a claim application under Section 166 of the Motor Vehicles Act (hereinafter referred to as “the Act”) seeking compensation amounting to Rs. 31,91,396/- for the death of Tarun Kachlame. The accident occurred on 13.06.2016 at approximately 10:00 a.m. at Boria Tibbu Godawri Mines, Khadgoan, District Rajnandgaon, when the offending machine, driven in a rash and negligent
The court affirmed that a Poklen construction vehicle qualifies as a 'motor vehicle' under the Motor Vehicles Act, ensuring liability is upheld for third-party claims.
The classification of dumpers as motor vehicles under the Act is affirmed, and compensation calculations must consider earnings from compassionate appointments.
The court upheld that the dozer involved in the accident does not meet the definition of 'motor vehicle', thus rendering the claim for compensation unmaintainable.
The court held that a road roller qualifies as a motor vehicle under the Motor Vehicles Act, and thus, the insurance policy covers third-party liability despite the exclusions.
A driver with a light motor vehicle license can operate construction equipment under 7500 kg without a separate endorsement, and compensation for accident victims should not be reduced based on pensi....
The court established that insurance liability is contingent upon adherence to policy terms, particularly regarding vehicle use and coverage of occupants.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
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