Back
SANJAY DHAR
New India Assurance Co. Ltd. – Appellant
Versus
Anita Devi – Respondent
| Table of Content |
|---|
| 1. overview of the compensation claim and related facts (Para 1 , 2 , 3 , 4 , 5) |
| 2. issues framed by the commissioner (Para 6 , 7) |
| 3. arguments raised by the insurance company (Para 8) |
| 4. conclusion of the court regarding the appeal (Para 9 , 17) |
| 5. analysis of vehicle insurance transfer and liability (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
JUDGEMENT
1. The appellant has preferred the instant appeal against award dated 07.08.2013 passed by the Commissioner Under Employee's Compensation Act (Assistant Labour Commissioner), Jammu (hereinafter to be referred as the Commissioner), whereby in a claim petition, filed by the claimants/respondents No. 1 to 3, have been awarded an amount of Rs. 7,60,651/- as compensation on account of death of deceased, Pritam Lal.
2. It appears that deceased Pritam Lal had died in an incident while working as a driver with truck bearing registration No. JK02A 3787. The incident took place on 14.10.2005 when the deceased was killed by the conductor of the truck Rakesh Kumar. The truck in question bearing registration No. JK02A 3787 was owned by Sunita Kumari respondent No. 4 herein. It appears that the deceased was done to death by the conductor as
The main legal point established in the judgment is that under Section 157 of the Motor Vehicles Act, the certificate of insurance and the policy are deemed to have been transferred to the new owner ....
WORKMEN COMPENSATION - an insurer would not get insulated and the liability of the transferee of the vehicle in question gets indemnified on account of the contract indemnity and fidelity covering in....
Registered owners of vehicles remain liable for compensation despite ownership transfer if not formally updated, and insurers must provide coverage for employees if appropriate premiums are paid.
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
Insurers under Act Policies are not liable for occupant injuries in vehicle accidents, highlighting the distinction from comprehensive policies that cover such risks.
The appropriate multiplier for compensation in fatal accident claims should align with established guidelines, ensuring future income prospects are accounted for, enhancing total awarded compensation....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
