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HIGH COURT OF GUJARAT
J. C. Doshi
HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Kishorbhai Ramjibhai Kalariya – Respondent
| Table of Content |
|---|
| 1. accident details and claim (Para 1 , 2) |
| 2. insurance company's argument (Para 3) |
| 3. tribunal's findings on liability (Para 4) |
| 4. tribunal's reasoning (Para 5) |
| 5. court's ruling on liability (Para 6) |
| 6. outcome of the appeal (Para 7) |
ORDER :
J. C. Doshi, J.
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988 , is preferred by the appellant – Insurance Company being aggrieved and dissatisfied with the judgment and award dated 18.04.2024 passed by the Motor Accident Claims Tribunal, Morbi in Motor Accident Claim Petition No.7 of 2020.
2. Brief facts of the case are as under:
2.1 The brief fact of the present appeal is such that on 28.10.2019, deceased Meet was going from Morbi to Lajjai by driving Car No.GJ-36-L-5371 of grandfather of his friend and when he reached the place of accident, construction work of bridge was going on and deceased took turn and due to that car turned turtle. As a result, the accident took place and deceased sustained severe injuries and succumbed to the injuries. Therefore, offence to that effect is registered before the Tankara Police Station vide FIR being I-C.R.No.64 of 2019. The legal heirs of the deceased have filed afore
Insurance Company cannot evade liability for compensation if additional premium for paid driver was accepted, regardless of the driver's employment status.
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
The driver of the offending vehicle does not qualify as a third party under an Act policy; thus, the insurance company is not liable for compensation.
The main legal point established is that the insurance company is liable to compensate the claimants if the deceased had paid a separate premium for personal accident cover, but the liability is limi....
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
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