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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
United India Insurance Co. Ltd. – Appellant
Versus
Ram Lal – Respondent
JUDGMENT :
Satyen Vaidya, J.
This appeal has been filed against the award dated 17.8.2016, passed by the Learned Motor Accident Claims Tribunal-IV, Shimla, H.P. in MAC Petition RBT No. 32-S/2 of 2013.
2. A Maruti Car bearing Registration No. HP-12B-0532, owned by Sh. Kamal Kishore (hereinafter referred to as the ‘owner’), met with an accident near Tribal Bhawan, Dhalli, District Shimla on 8.7.2012. The vehicle went off the road and rolled down into about 150 feet deep gorge. At the time of accident, the said vehicle was occupied by four occupants including the driver named Vijay Thakur. The said Vijay Thakur (driver) and Amarjeet Singh (occupant of front passenger seat) died as result of accident. The other occupants of the vehicle survived.
3. The Driver Vijay Thakur was survived by his father Sh. Ram Lal, mother Smt. Nirmla Devi and wife Smt. Suman Devi (hereinafter referred to as the ‘claimants’). A claim petition under Section 163-A of the Motor Vehicles Act, 1988 was filed on their behalf.
4. It was claimed that the deceased was an employee of the owner, who was paying salary of Rs. 3300/- per month to the deceased Vijay Thakur. The age of the deceased was stated to be 22 years at
The insurer cannot deny liability under an 'Act Only Policy' when personal accident coverage was paid, and the Second Schedule of the Motor Vehicles Act applies for compensation assessment.
The insurer is liable to indemnify for occupant injuries under an 'Act Only Policy' if the policy explicitly covers such cases, and compensation must reflect the deceased's actual income and future p....
Compensation caps set under Section 163(A) of the Motor Vehicles Act limit claims despite evidence of income loss. Courts must adhere to statutory ceilings while ensuring justice to claimants.
Under Section 163(A) of the Motor Vehicles Act, insurers cannot raise the defense of negligence against claimants, the deceased cannot be treated as a third party if they are related to the vehicle's....
The main legal point established in the judgment is the need to strictly adhere to the Second Schedule while granting compensation under Section 163-A of the Motor Vehicles Act, 1988, and the require....
No-fault liability – While entertaining claim petition u/s 163A of Act, question of negligence cannot be looked into.
Under Section 163(A) of the Motor Vehicles Act, claimants are not required to prove negligence; the onus lies on the insurer to establish any negligence to deny compensation.
Insurance companies cannot evade liability if they fail to prove the driver's lack of a valid license and if the vehicle was insured.
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