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Mini Kunjumon, W/O. Late Kunjumon – Appellant
Versus
Krishna Biswas,S/O. Manoranjan Biswa – Respondent
JUDGMENT :
Both appeals arise from a common award dated 12.08.2010 passed by the Motor Accidents Claims Tribunal, Pala, in OP(MV)No.421/2007.
2. M.A.C.A.No.1379/2011 is filed by the claimants therein challenging the award to the extent it exonerated the Insurance Company from the liability and imposed the entire liability to pay the compensation on the additional 4th respondent in the claim petition, the State of Assam. M.A.C.A No.596/2013 is submitted by the State of Assam, where the challenge is against the liability imposed upon the appellant therein by exonerating the Insurance Company. (For convenience, the parties are referred to in this judgment based on their respective ranks in the claim petition)
3. Brief facts necessary to consider the issues involved in these M.A.C.As are as follows:
3.1. The petitioners are the legal heirs of one Kunjumon V.D., who met with an accident while working as a Nursing Assistant in B.S.F. at Assam. The accident occurred on 07.03.2007 at 8.45 p.m. while he was travelling in a Maruti van bearing registration No. AS-01/Y8991. The accident occurred when the said Maruti van hit against the rear side of a lorry. Consequent to the injuries sustained, he
The registered owner remains liable for compensation despite vehicle requisition, and the insurance policy is deemed transferred under statutory provisions.
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
Point of Law : Even though in law there would be a transfer of ownership of the vehicle, that by itself would not absolve the person in whose name the vehicle stands in the registration certificate, ....
The registered owner of a vehicle holds liability for accidents occurring involving that vehicle, regardless of claims of transfer without official updates.
If in case of financing and hypothecation the owner drives the vehicle without statutory insurance in violation of the M.V. Act and terms of hypothecation and meets with accident, the financier even ....
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