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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
National Insurance Company – Appellant
Versus
Vipin Kumar – Respondent
| Table of Content |
|---|
| 1. claimant injured in negligent motor accident; claimed compensation. (Para 1 , 2 , 3 , 4) |
| 2. parties contested negligence, ownership, license, policy coverage. (Para 5 , 6 , 7 , 16) |
| 3. tribunal dismissed for non-joinder of deceased driver's representatives. (Para 8 , 9) |
| 4. high court upheld negligence, remanded insurer liability determination. (Para 10 , 11 , 12 , 13) |
| 5. tribunal found act policy excludes passengers; pay and recover order. (Para 14 , 15) |
| 6. court examined policy terms post-remand evidence. (Para 17 , 18) |
| 7. act policy broadly covers injury to any person including passengers. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 8. insurer bears full liability; no recovery from owner. (Para 25 , 26 , 27) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
This judgment shall dispose of two appeals, one bearing No. FAO No.312 of 2015 filed by the appellant-National Insurance Company and another bearing No. FAO No.273 of 2015 filed by the appellant-Nausahad Ahmed. Both these appeals arise out of a common award dated 01.04.2015 passed by the Motor Accident Claims Tribunal-II, Sirmaur District at Nahan, H.P., whereby the claim petition preferred by injured Vipan Kumar was allowed and he was held ent
Act Policy for private car covers bodily injury to 'any person' including passengers; insurer fully liable without recovery from owner absent willful breach, per broad policy interpretation.
The main legal point established in the judgment is that the liability of the Insurance Company under an 'Act Policy' does not extend to the risk of occupants/passengers in a vehicle unless additiona....
Insurance companies are not liable for compensation if passengers are not covered by the policy terms, specifically under Act policy provisions.
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