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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Branch Manager, Shriram General Insurance Co. Ltd. – Appellant
Versus
Mohan Kanhai S/o Narayan Kanhai – Respondent
ORDER :
1. Heard.
2. This appeal is being preferred by the appellant/Insurance Company being aggrieved by the award dated 06.10.2017 passed in Claim Case No. 56/2016, Mohan Kanhai Vs. James Gada & Ors. passed by the Learned 8th Additional Motor Accident Claims Tribunal, Durg (C.G.), presided over by Shri Deepak K. Gupta, whereby the Tribunal has passed the above-stated final award.
3. A concise statement of the case facts is on 14.12.2011, at approximately 5:30 PM, near a meet tire shop situated by the canal bank in Transport Nagar, Hathkhoj, The driver/Respondent No.2 of the dumper bearing registration number CG-12/C-1279 (herein referred as ‘Offending Vehicle’), was engaged in loading old tires onto the dumper using a hydraulic jack. The Respondent No.1, who was acting as a helper, was observing from below while holding onto the helper-side door of the dumper, instructing the driver not to lift the dumper’s hydraulic jack too high. However, the driver, Respondent No.2, of the said vehicle, due to sudden negligence and reckless act, lifted the hydraulic jack abruptly and to an excessive height. As a result, the dumper’s hydraulic jack came into contact with an overhead electric wire,
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
Point of Law : Even though in law there would be a transfer of ownership of the vehicle, that by itself would not absolve the person in whose name the vehicle stands in the registration certificate, ....
The registered owner of a vehicle holds liability for accidents occurring involving that vehicle, regardless of claims of transfer without official updates.
The registered owner remains liable for compensation despite vehicle requisition, and the insurance policy is deemed transferred under statutory provisions.
Insurers under Act Policies are not liable for occupant injuries in vehicle accidents, highlighting the distinction from comprehensive policies that cover such risks.
If in case of financing and hypothecation the owner drives the vehicle without statutory insurance in violation of the M.V. Act and terms of hypothecation and meets with accident, the financier even ....
The registered owner of a vehicle remains liable for compensation claims until formal transfer of ownership is executed, even if the vehicle is in the possession of another party.
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