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MOHD. AKRAM CHOWDHARY
Oriental Insurance Company Ltd. – Appellant
Versus
Reeta Devi – Respondent
JUDGEMENT
1. The present appeal has been preferred against the Award/Judgment dated 20.06.2020 (hereinafter called 'award' for brevity) passed by the Learned Presiding Officer, Motor Accidents Claims Tribunal Jammu (hereinafter called 'Tribunal' for Short), in file No. 14064 titled Reeta Devi & Ors. Vs. Oriental Insurance Company Limited & Ors.
2. Factual background of the case is that on 25.01.2015, one Yash Pal S/o Daya Ram R/o Bassi Khurd Samba (hereinafter called 'deceased') was travelling in Tractor bearing Registration No. JK- 21/1582 as Labour/Cleaner, driven by respondent No. 3, from Bari Brahamana towards Vijaypur in a very rash and negligent manner and at a very high speed who could not control the vehicle which on reaching at Suwankha More hit with the divider of the road; that the deceased fell down, came under the vehicle and received multiple injuries on whole of his body. The deceased was brought to Govt. Medical College Hospital Jammu, where he died at night on the same day. The said accident was alleged to have been caused by the negligence of the respondent No. 3 who was driving the offending Vehicle in a very rash and negligent manner and at a very high speed.
3. Si
Familial relationships do not negate the existence of an employer-employee relationship, and insurance coverage applies when premiums for the employee's risk are paid.
The court established that the relationship of employer and employee can be established indirectly, and the insurer cannot escape liability based on the established facts and legal provisions.
Proviso (ii) to Sub-section (1) of Section 147 i.e., if the insured had taken a policy covering only third party risk, even then the driver of the vehicle which is insured and if it is a public servi....
The insurance company is required to pay compensation to the claimant despite not being liable to indemnify the owner due to policy breaches, establishing a precedent for similar cases.
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
The central legal point established in the judgment is the requirement for irrefutable evidence to establish the employee-employer relationship and the importance of statutory requirements in fixing ....
In private employment like the one in the instant case, it is invariably of casual nature and the payments are often made by the hirer of vehicle and the statements of the witnesses required apprecia....
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