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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUBHASH CHAND
Branch Manager, Oriental Insurance Company Limited – Appellant
Versus
Usha Devi w/o late Kamal Kishore Singh – Respondent
JUDGMENT :
The instant miscellaneous appeal has been preferred on behalf of Branch Manager, Oriental Insurance Company Limited dissatisfied with the award dated 16.12.2016 passed in M. Accident Claim Case No.10/2004 by the learned 2nd Additional Sessions Judge cum Motor Accident Claim Tribunal, Deoghar directing to the Insurance Company to pay the amount of Rs.8,79,000/- within 30 days and also directed that 50% of the total amount will be deposited in Fixed Deposit for a period of 5 years for future prospects of the minor and out of rest 50% an amount of Rs.1,00,000/- will paid to applicant no.6 Gayatri Devi and Rs.1,00,000/- will be paid to the father applicant no.7 Dhananjay Pd. Singh. Rest amount will be paid to the widow Usha Devi for welfare of herself and her children.
2. The brief facts leading to this Miscellaneous Appeal are the claim petition was filed on behalf of the claimants with these averments that the deceased was working as a Khalasi of the Tractor. On 22.11.2003 a Chaukidar No.02/13 Reva Turi had lodged the FIR with these allegations that at 11:30 in day hours he was going from Baraguniya to Madhupur about 12:30 hours he reached near the village D
A comprehensive insurance policy covers liabilities for laborers injured or killed during employment under the Motor Vehicles Act, differentiating it from standard policies.
Motor Vehicle Accident – Liability of insurance company - Insurer liable to pay compensation in case of 'comprehensive/package policy" but not in case of "Act policy".
Point of law: When the intention of the Legislation was to cover compulsorily ail the risk arising out of the use of the Motor Vehicle and that the liability of the insurer is co-extensive with that ....
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 main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when a passenger is traveling in a tractor.
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