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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR
Rajinder Kumar – Appellant
Versus
Vijay Kumari – Respondent
| Table of Content |
|---|
| 1. joint appeals from same unregistered vehicle accident deaths. (Para 1 , 2 , 3) |
| 2. tribunal awards compensation to dependents of deceased hrtc employees. (Para 4 , 5) |
| 3. mv act mandates registration; temporary expires after 30 days. (Para 6 , 7) |
| 4. parties contend policy breach by overload, non-registration. (Para 8 , 9) |
| 5. non-registration fundamental breach; insurer pays, recovers from owner. (Para 10 , 11 , 12 , 13 , 14) |
| 6. overload lacks accident nexus; acquiescence bars truck impleadment. (Para 15 , 16) |
| 7. mohinder singh compensation rs.61.62 lakh per pranay sethi. (Para 17 , 18 , 19 , 20 , 21) |
| 8. manoj kumar compensation rs.64.41 lakh per pranay sethi. (Para 22 , 23 , 24 , 25) |
| 9. insurer pays with recovery right at 6% interest. (Para 26) |
JUDGMENT :
Vivek Singh Thakur, J.
These appeals, for involvement of common question of facts and law to be adjudicated on the basis of similar evidence, are being decided together by this judgment.
2. Both appeals have been preferred against the award passed by concerned Motor Accidents Claims Tribunals in two different claim petitions preferred by respective claimants on account of the death of two occupants of the car being driven by
Driving unregistered vehicle on public road is fundamental insurance policy breach; insurer must pay third-party claimants but recover from owner. Compensation recalculated with future prospects, tax....
Insurance companies remain liable to pay compensation even in cases of temporary vehicle registration, although they may seek recovery rights against the vehicle's owner for policy violations.
Insurance liability requires valid vehicle registration; mere application is insufficient under the Motor Vehicles Act.
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
The court upheld that claimants could be entitled to compensation due to negligent driving despite not being dependents at the time of the accident; the incident was ruled as an accident rather than ....
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