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ARCHANA PURI
HDFC ERGO General Insurance Company Ltd. – Appellant
Versus
Parshini Kaur – Respondent
JUDGMENT
Mrs. Archana Puri, J.
The present appeal has been filed by the appellants-insurance company, thereby assailing the liability fastened upon it, together with the owner and driver of the offending car bearing registration No.PB-10AT- 3312, vis-a-vis, the compensation assessed, on account of death of Jarnail Singh, in a motor vehicular accident.
2. The accident in question had taken place on 23.04.2014, as a result whereof, Jarnail Singh received injuries, which proved fatal. Learned Tribunal had concluded about the accident to have taken place, on account of rash and negligent driving of the offending car by respondent-Kamaldeep Singh and ultimately, on appraisal of the evidence, brought on record, learned Tribunal had granted compensation to the extent of Rs. 25,86,216/-, to the respondents-claimants and the liability was fastened, jointly and severally upon the driver, owner and insurer of the offending car.
3. Feeling aggrieved, only the insurance company had filed the present appeal, thereby assailing the liability, so fastened upon it, to pay the compensation.
4. At the very outset, learned counsel for the insurance company has submitted that though, the fact and manner
The insurer failed to prove the insurance policy was fake, thus affirming liability for compensation awarded in a vehicular accident.
The insurance company bears the burden to prove the authenticity of the insurance policy, and failure to investigate alleged fraud results in liability for compensation.
(1) Motor Insurance – A third party claimant is not concerned with dispute between Insurer and insured.(2) Burden is on insurance company to prove that policy of insurance produced on record is fake.
The insurer is not liable for compensation if the insured fails to prove the legitimacy of the insurance policy, which was claimed to be fake.
The main legal point established in the judgment is that the insurance company is liable to indemnify the claimants unless it can be proved that the insured was aware of the fake license and still pe....
The main legal point established in the judgment is the burden of proof on the insurance company to establish the breach of policy conditions and the liability of the owner of the vehicle.
The main legal point established in the judgment is that the validity of the insurance cover on the offending vehicle at the time of the accident is crucial in determining the liability of the insure....
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