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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
Poonam – Respondent
JUDGMENT :
Satyen Vaidya, J.
1. By way of instant appeal, award dated 7.11.2016, passed by the learned Motor Accident Claims Tribunal (1), Kangra at Dharmshala, H.P. (for short the Tribunal) in case RBT MACP No. 39-K/II/13/08, has been challenged by the insurer of the vehicle involved in the accident.
2. Respondents No. 1 to 4 herein (hereinafter referred to as the claimants) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, (for short, the Act), for compensation on account of death of Sh. Wilson in an accident dated 26.11.2006 involving motor vehicle (Car) bearing registration No. UP-15Y-7910. Respondents No. 5 and 6 herein (hereinafter referred to as owner and driver respectively) and the appellant herein (hereinafter referred to as the insurer) were impleaded as respondents.
3. The claimants alleged that on 26.11.2006, the Sh. Wilson along with his other relatives was travelling in vehicle No. UP-15Y-7910, driven by the driver. At about 10.15 AM, when the vehicle reached near IPH Office old Kangra, the driver could not control the vehicle and as a result of which, it went out of the road, causing injuries to other occupants and death of Sh. Wilson. In this ma
The court upheld the claimants' right to compensation for wrongful death, affirming the tribunal's findings on negligence and dependency calculations, while denying the insurer's claims of policy vio....
The main legal point established in the judgment is the liability of the Insurance Company to pay compensation under the Motor Vehicles Act, 1988, based on the validity of the driver's license and co....
Insurers must prove willful policy breach to avoid liability; the value of a housewife's services can significantly affect compensation.
The court affirmed the validity of the driver's license and ruled that the Insurance Company failed to prove negligence, thus holding it liable for compensation.
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