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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
United India Insurance Co. Ltd. – Appellant
Versus
Shanti Devi, wife of Late Sunil Kumar Sao – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Alok Lal, learned counsel for the insurance company-appellant, Mr. Rajiv Kumar Karan, learned counsel for the claimants- respondent nos. 1 to 4 and Mr. Shresth Gautam, learned counsel for the owner of the vehicle-respondent nos. 5 and 6.
2. This appeal is preferred by the insurance company against the judgment/award dated 17.04.2018 passed by the learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribag in Claim Case (Motor Accident Claim Case) No.81 of 2013, whereby, the said claim case filed by the claimants has been allowed and award of Rs.5,29,000/- has been passed in favour of the claimants and against the insurance company.
3. Mr. Alok Lal, learned counsel for the insurance company-appellant submits that the said claim case was instituted for compensation alleging that on 26.11.2012 at about 08:00 P.M., the deceased Sunil Kumar Sao was coming from Charhi to his house Hurhuru by motorcycle. When he reached near Mukundganj NH-33, a Roller bearing No. JH-01AE-4986 being driven by its driver rashly and negligently, dashed the motorcycle, as a result of which, he received serious injuries and he died during treatment at
The court held that a road roller qualifies as a motor vehicle under the Motor Vehicles Act, and thus, the insurance policy covers third-party liability despite the exclusions.
The court affirmed that a Poklen construction vehicle qualifies as a 'motor vehicle' under the Motor Vehicles Act, ensuring liability is upheld for third-party claims.
Negligence in parking a vehicle and lack of a valid driving license establish liability, with the owner accountable for compensation despite potential contributory negligence from the claimant.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The court established that insurance liability is contingent upon adherence to policy terms, particularly regarding vehicle use and coverage of occupants.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
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