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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
Parveen Dhiman – Appellant
Versus
Kaushalya Devi – Respondent
JUDGMENT :
Satyen Vaidya, J.
Both the appeals are being decided together as these arise out of the same award.
2. FAO No.66 of 2018 has been filed by the owner of the vehicle (insured) as the liability to pay compensation has been fastened upon him and FAO No.130 of 2018 is by insurer as learned Tribunal has directed the compensation to be paid by the insurer in the first instance and then to recover the same from the owner (insured).
3. On 26.02.2007 at about 12:15 PM an accident took place near place Malyana on Shimla by-pass road involving car No. HP-35-0333 and truck bearing registration No.HP-14A-1839. The car was being driven by Rajinder Singh Bodh and the truck by Het Ram (hereinafter referred to as “driver”). Rajinder Singh Bodh (hereafter referred to as deceased) succumbed to injuries suffered in the accident. His legal representatives i.e. the mother Smt. Kaushalya Devi, wife Smt. Urmila Bodh and minor son Master Shreshth (hereinafter referred to as “claimants”) filed MAC Petition No.37 of 2007 under Section 166 of Motor Vehicles Act before the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahar (for short, “the Tribunal”). The cause of accident was allegedly attribute
The liability of the insurer to pay compensation is upheld despite the driver's fake license, as the owner failed to prove non-willful violation of policy terms.
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
The main legal point established in the judgment is the insurer's obligation to indemnify the compensation amount to the third party and the possibility of pay and recover in case of third party risk....
Insurance companies cannot evade liability for third-party claims solely due to a driver’s lack of valid license; they must prove the owner's negligence to avoid statutory obligations.
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