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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Future Generali India Insurance Company Ltd. – Appellant
Versus
Subhadra Devi – Respondent
| Table of Content |
|---|
| 1. fatal accident prompted multiple compensation claims (Para 1 , 2 , 3 , 4 , 5) |
| 2. insurer contested gratuitous passengers and invalid licence (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. lucky held as driver preferring testimony over fir (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. owner's interim payment confirms driver's employment (Para 22 , 23) |
| 5. insurer failed to discharge burden on licence absence (Para 24 , 25) |
| 6. deceased classified as goods hirers not gratuitous (Para 26) |
| 7. awards modified per pranay sethi and magma rulings (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 8. appeals disposed with revised compensation amounts (Para 47 , 48 , 49) |
JUDGMENT :
Satyen Vaidya, Judge
All these appeals were heard together and are being disposed of by a common judgment as common questions of facts and law arise.
2. Vehicle bearing No. HP-35-2744 (Bolero Camper) had met with an accident on 03.03.2015 while enroute from Jagatkhana to Village Chotu. The said vehicle had gone off the road and had plunged into river Satluj. At the time of accident, vehicle was occupied by five persons, namely Jai Ram, Rajesh, Tara Chand,
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