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SUSHIL KUKREJA
Oriental Insurance Company Limited – Appellant
Versus
Sujan Singh – Respondent
| Table of Content |
|---|
| 1. accident facts regarding the deceased. (Para 2 , 3) |
| 2. responses to the claim highlighting liability issues. (Para 4 , 5 , 6) |
| 3. essentials of the case background and claim. (Para 7) |
| 4. analysis of driving license validity and insurance liability. (Para 10 , 11 , 12) |
| 5. overloading defence and proof burden on the insurer. (Para 15 , 18 , 19) |
| 6. court's reasoning regarding insurance liability. (Para 20 , 27) |
| 7. determination of compensation for loss of dependency. (Para 21 , 22) |
| 8. legal representatives' rights regarding compensation claims. (Para 28 , 32) |
| 9. final decision and ordered compensation. (Para 36) |
| 10. final modification of compensation awarded. (Para 39) |
JUDGMENT :
Sushil Kukreja, J.
The instant appeal is maintained by the appellant/Oriental Insurance Company (hereinafter referred to as “the appellant”), under Section 173 of the MOTOR VEHICLES ACT (for short “the Act”), against the award dated 15.09.2014, passed by the learned Motor Accidents Claims Tribunal, Chamba, Division Chamba, H.P., in MAC Petition No.27/2013 (396/2013), with a prayer to set aside/modify the impugned award.
2. Succinctly, the facts giving rise to the present appeal are that the petitioners (
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