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SATYEN VAIDYA
Rajesh Kumar, S/o Sh. Sant Ram – Appellant
Versus
Ram Chander, S/o Sh. Sant Ram – Respondent
JUDGMENT :
The instant appeal has been preferred by the insured against the Award dated 01.06.2010 passed by the learned Motor Accident Claims Tribunal, Bilaspur, (for short “the Tribunal”), in M.A.C.No.51 of 2007, whereby appellant has been fastened with liability to pay the awarded amount of compensation along with interest to respondent No.1 herein (for short “the claimant”).
2. Claimant had filed a claim petition under Section 166 of the Motor Vehicles Act (for short, ‘the Act’) for grant of compensation against appellant (insured/owner), respondent No.2 (for short “driver”) and respondent No.3 (for short “insurer”) on the premise that the claimant had suffered injuries and permanent disablement as result of motor vehicle accident involving tractor bearing No. HP-69-0628. The case of the claimant was that on 02.10.2006, he was engaged as labourer by the owner and driver for loading and unloading the goods i.e. construction material in the trolley attached to the aforesaid tractor. It was further alleged that, while unloading the tractor at village Nand, Tehsil Nalagarh, District Solan, the tractor turned turtle due to rash and negligent driving of driver and resulted in causing i
In private employment like the one in the instant case, it is invariably of casual nature and the payments are often made by the hirer of vehicle and the statements of the witnesses required apprecia....
The main legal point established in the judgment is the requirement to prove negligence and liability under the Motor Vehicles Act and the Workmen's Compensation Act.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when a passenger is traveling in a tractor.
An insurer is not liable for compensation if the deceased was a gratuitous passenger not covered under the insurance policy, and the registered owner must be a necessary party in the claim proceeding....
The court emphasized the importance of genuine and consistent evidence in establishing liability and entitlement to compensation in motor vehicle accident claims.
The distinction between an employee and a gratuitous passenger under the insurance policy cover and the necessity for compliance with the provisions of the Motor Vehicles Act and policy conditions.
The main legal point established in the judgment is the liability of the insurance company and the calculation of compensation under Section 166 of the Motor Vehicles Act.
Point of law: When the intention of the Legislation was to cover compulsorily ail the risk arising out of the use of the Motor Vehicle and that the liability of the insurer is co-extensive with that ....
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