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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
United India Insurance Company Limited – Appellant
Versus
Kirna Devi – Respondent
JUDGMENT :
Sushil Kukreja, J.
1. Since all these appeals are the offshoot of impugned award dated 01.05.2023, passed by learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla, H.P. (hereinafter referred to as the learned “Tribunal below”) in MACT Case No. 127 of 2016, they are being taken up together for disposal.
2. The appeal (FAO No. 141 of 2023) is maintained by the appellant/United India Insurance Company Limited (hereinafter referred to as “the Insurance Company”), under Section 173 of the MOTOR VEHICLES ACT , 1988 (for short “the Act”), against award dated 01.05.2023, passed by the learned Tribunal Below, in a claim petition filed by the petitioner/claimants (hereinafter referred to as “the claimants”) under Section 166 of the Act, which was allowed and the claimants were held entitled for compensation of Rs.16,64,200/-, with a prayer to exonerate the appellant-Insurance Company from the liability to bear the amount of compensation, interest etc. by quashing and setting aside the impugned award.
3. Appeals, i.e., FAO No. 166 of 2023 and FAO No. 277 of 2023, have been filed by Shah Nawaj and Dalip Kumar (since deceased through LRs), who were driver a
The court upheld that failure to prove the invalidity of a driver's license imposes compensation liability on the insurer, reiterating principles for calculating dependency and future prospects in wr....
The main legal point established in the judgment is the requirement for the insurer to establish a fundamental breach of the policy to avoid liability and the determination of notional income in the ....
The insurer can be held liable for compensation despite policy breaches if negligence by the driver caused the accident, and overloading alone does not exempt liability unless it contributed to the i....
Compensation for motor vehicle accident must accurately factor in deceased's income, dependency needs, and established legal standards for future earnings and expense deductions.
The assessment of compensation must ensure fairness and reasonableness while considering income, future prospects, and applying the appropriate multiplier based on the deceased's age.
The court established that in calculating compensation for motor accident claims, future income prospects should be considered, deductions for personal expenses must reflect the actual number of depe....
Rash and negligent driving is sine qua non for maintaining claim petition seeking compensation in terms of provisions of Section 166 of Motor Vehicles Act held that plea of negligence set up by claim....
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