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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
United India Insurance Co. Ltd. – Appellant
Versus
Nirmla Devi – Respondent
| Table of Content |
|---|
| 1. failure to serve respondents results in dismissal for lack of prosecution. (Para 1 , 2) |
| 2. rash and negligent driving established as grounds for liability. (Para 3 , 4 , 6) |
| 3. valid license status critically affects insurance liability. (Para 7 , 8 , 9 , 10) |
| 4. enhancement of compensation based on proper assessments of income and deductions. (Para 11 , 12 , 13) |
| 5. court's decision favors claimants' rights over procedural lapses of the insurance company. (Para 14 , 15 , 16) |
JUDGMENT :
HARKESH MANUJA, J.
1. Before dealing with the merits of the present appeal, it may be taken note of at this stage that notice of motion to Respondents No. 4 & 5 was issued on 26.10.1999 and since then even after more than 25 long years the appellant/insurance company has neither been able to furnish their complete and correct address nor even it has been able to serve them through dasti process. The two last service reports as recorded by the concerned branch in this regard are reproduced hereunder:-
“Cross objection no. 92-CII of 2014 in/and FAO 3087 of 1999
(Ist report)
Dasti notice issued to Resp no. 4 & 5 has not been received back served or otherwise.
Counsel for appellant has not filed th
Insurance companies retain liability even when drivers lack valid licenses if public interests dictate, per statutory interpretations.
Insurer is liable for compensation even with a fake driving licence, with a right to recover from the vehicle owner's estate post-payment. Future earning potential must be included in compensation ca....
The burden of proof regarding key issues such as driver's license and unauthorized use of a vehicle rests with the concerned party, and legal principles established in previous judgments influence th....
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
The burden of proof rests on the insurer to demonstrate policy violations; failure to do so maintains their liability for compensation.
Accident – Licence - Liability of insurance company – When liable - Claimants are entitled to revised compensation in amount of amount along with interest @ 7.5 per annum from date of filing of claim....
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