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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MARLI VANKUNG
Cholamandalam M S General Insurance Co. Ltd – Appellant
Versus
Tulsi Devi – Respondent
JUDGMENT :
Heard Mr. K.K. Bhatta, learned counsel for the appellant. Also heard Mr. K. Bhattacharjee, learned counsel for the respondent No. 1 and Mr. S. Roy, learned counsel for the respondent No. 2.
2. The instant appeal is filed against the judgment and order passed by the learned Assistant Labour Commissioner-Cum-Commissioner for Employee’s Compensation, Sonitpur, Assam in SWC Case No. 09/2015 dated 28.11.2018, wherein the learned Commissioner, Employee’s Compensation had awarded the sum of Rs. 9,94,469 (Rupees Nine Lakh Ninety Four Thousand Four Hundred Sixty Nine) only to the claimant to be paid by the present appellant Cholamandalam MS General Insurance Co. Ltd with an interest @ 12% per annum to be borne by the appellant compensation from the date of the accident i.e., 18.02.2015. Aggrieved by the said judgment and award, the instant appeal is filed by the appellant Insurance Company.
3. Facts of the case in brief is that on 18.02.2015 Sh. Lakhan Karki was proceeding with truck Registration No. AS/01FC/9951 as a second driver, when they reached the Rattchjara NH 44, due to mechanical defect, the vehicle capsized and the driver who drove the vehicle died on the spot, while the
The court affirmed that an additional premium paid under IMT-40 covers the second driver, establishing that liability cannot exceed the terms of the insurance policy.
Insurance companies are not liable for employee injuries in vehicles unless additional premiums are paid for coverage under the 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.
The insurance policy must explicitly state the coverage terms, and any ambiguity will be interpreted against the insurer. Additionally, compensation for motor vehicle accidents must adhere to establi....
The liability of the insurance company for the death of a cleaner in a motor vehicle accident is determined by the coverage provided in the insurance policy and the interpretation of relevant legal p....
Insurance liability is established for the deceased conductor under the paid premium clauses of the applicable vehicle insurance policy.
The Insurance Company is liable to pay compensation under the policy for headload workers engaged in unloading goods.
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