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BIREN VAISHNAV, MAULIK J. SHELAT
Oriental Insurance Company Ltd. – Appellant
Versus
Legal Heirs Of Decd. Rameshchandra Bhailalbhai Joshi – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE MAULIK J.SHELAT)
1. The present appeal is filed under section 173 of Motor Vehicle Act, 1988 (herein after referred as MV Act) by the insurance company against the judgement and award dated 16.06.2012 passed by the Motor Accident Claims Tribunal (Auxiliary-I) (hereinafter referred to as ‘the tribunal’), Gandhinagar in Motor Accident Claim Petition (MACP) No. 173 of 2007 holding insurance company liable to pay compensation to the claimants. Parties are referred to as per their original position.
2. Short facts of the case:
2.1 The claimants are widow and children of deceased Rameshchandra, who was travelling in Toyota Qualis car bearing registration number GJ 1 8G 1440 for office work on 13.05.2005, who met with an accident having collided with one truck bearing registration number GJ 12 W 9988, due to which Rameshchandra had sustained serious injuries and succumbed to such injuries. Because of the death of Rameshchandra, his legal heirs have preferred MACP under Section 166 of the MV Act claiming compensation of Rs.30,00,000/- with costs and interest at the rate of 18% per annum from driver, owner and insurance company of car as well as driver a
Insurance companies are not liable for employee injuries in vehicles unless additional premiums are paid for coverage under the policy.
Motor Accident – Liability of Insurance Company - When vehicle is insured by Company, insurer is liable to pay compensation in case of "comprehensive/package policy" but not in case of "Act policy".
The insurance policy's terms and conditions, including the coverage of risk for employees, are crucial in determining the liability of the insurance company to pay compensation.
Registered owners of vehicles remain liable for compensation despite ownership transfer if not formally updated, and insurers must provide coverage for employees if appropriate premiums are paid.
Motor Vehicle Accident – Liability of insurance company - Insurer liable to pay compensation in case of 'comprehensive/package policy" but not in case of "Act policy".
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