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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
BUDI HABUNG
Gakul Chandra Das, S/o. Sri Ramanikant Das – Appellant
Versus
Abdul Barek, S/o. Late Aran Ali – Respondent
| Table of Content |
|---|
| 1. factual basis of insurance coverage and accident. (Para 1 , 2 , 4) |
| 2. liability of owner and insurance policy details. (Para 5 , 6 , 8) |
| 3. clarification and correction on insurance liability. (Para 7 , 9) |
| 4. shifting of liability from owner to insurer. (Para 10) |
| 5. order for compensation payment by insurer. (Para 11 , 12 , 13 , 14) |
Judgment :
(BUDI HABUNG, J.)
Heard D. K. Rajak, learned counsel for the appellant. I have also heard Mr. K. K. Bhatta, learned counsel for the respondent no. 7/ HDFC Ergo General Insurance Company Limited and Mr. A. Roshid, learned counsel appearing on behalf of the respondents/claimants nos. 1 to 6.
2. This appeal has been directed against the judgment dated 08.02.2018, passed by the Member of the Motor Accident Claims Tribunal-2, Kamrup (M), Guwahati, in MAC Case No. 2565/2009. By the said judgment, the learned Tribunal awarded a compensation of Rs. 3,93,500/- for the death of the deceased in the motor accident and directed the owner of the offending vehicle to pay the awarded amount to the claimant within three months from the date of the judgment, with an interest of 6% per annum from 01.11.2017. In the event of failure to make the payment
Liability for compensation in motor vehicle accidents may shift to the insurance company if the insurance policy adequately covers such liability, despite initial contrary findings.
The terms and conditions of an insurance policy must be strictly construed, and the parties to the contract are bound by these terms. In the case of a comprehensive policy, the owner of the vehicle i....
Act Policy for private car covers bodily injury to 'any person' including passengers; insurer fully liable without recovery from owner absent willful breach, per broad policy interpretation.
The main legal point established is that the Insurance Company, having collected additional premium for P.A. cover, is liable to pay compensation to the claimant, restricted to the maximum coverage u....
The main legal point established is that the Insurance Company is liable to pay compensation for injuries covered under the Personal Accident cover, and admissible medical expenses under the policy, ....
An insurance policy labeled as 'Private Car Liability Only' does not cover occupants unless a premium is charged for their risk, thus limiting the insurer's liability.
Occupants of a vehicle are not considered third parties under liability-only insurance policies, shifting the burden of compensation to the vehicle owner.
A ‘Liability Only Policy’ does not cover risks associated with occupants of the vehicle, thus the Insurance Company is not liable for compensation.
A comprehensive/package insurance policy covers the liability for a pillion rider, contrary to the tribunal's finding that treated the rider as a third party.
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