Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL
United India Insurace Co. Ltd. – Appellant
Versus
Dhiraj Trahan – Respondent
JUDGMENT :
ANISH DAYAL, J.
1. These appeals have been filed under Section 173 of Motor Vehicles Act, 1988 (‘MV Act’) by the Insurance Company challenging impugned award dated 08th October 2025 passed by Motor Accidents Claims Tribunal [hereinafter ‘Tribunal ’], North West, Rohini Courts, Delhi in MACT Case No. 449556/2016 titled as Dhiraj Trehan v. United India Insurance Co. Ltd. & Anr .and in MACT Case No. 450066/2016 titled as Geeta Trehan v. United India Insurance Co. Ltd. & Anr .
2. Appellant/United India Insurance Company (‘Insurance Company’) has preferred this challenge essentially on the grounds that both Dhiraj Trehan and Geeta Trehan (hereinafter, “claimants”) who were occupants of the car driven by Kamal Trehan, father of Dhiraj Trehan and husband of Geeta Trehan.
3. The only contention raised by Insurance Company was that compensation could not be awarded to claimants, since after the death Kamal Trehan/driver and owner of the vehicle, claimants being legal heirs of the deceased became co-owners of the vehicle and stepped into the shoes of Kamal Trehan, who was the insured.
The Accident
4. On 05th October 2013, at about 05:40 A.M., Geeta Trehan, wife of late Kamla Trehan and
Insurers are obligated to compensate occupants of an insured vehicle under the Motor Vehicles Act, even if those occupants are legal heirs of the driver, affirming their status as third parties.
The main legal point established in the judgment is that the liability of the Insurance Company under an 'Act Policy' does not extend to the risk of occupants/passengers in a vehicle unless additiona....
The deceased, being the son of the vehicle owner, is not considered a third party under the insurance policy, thus the insurer is not liable for compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
