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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDEEPTI SHARMA
Baldev Singh – Appellant
Versus
IcIcI Lombard General Insurance Co. Ltd. – Respondent
JUDGMENT :
Sudeepti Sharma J.
1. The present appeal has been preferred by the appellant-Owner against the award dated 21.03.2016 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Jalandhar (for short, 'the Tribunal') whereby the claimants were granted compensation to the tune of Rs.9,14,000/- and the Owner was held liable to pay the compensation to the claimants.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 30.06.2009 at about 2 PM, the claimant No.1 Gurdev Singh alongwith Amarjit Singh (since deceased) started from Nagar side to Apra Town on their motorcycle make Bullet bearing Registration No.PB-08-AS-7975. Amarjit Singh was driving the motorcycle at a very normal speed on his correct side. When they reached near Thalla Mor, Amarjit Singh dropped the claimant No.1 from the motorcycle and went to fill the petrol in his motorcycle from the petrol pump. Suddenly, a truck bearing registration No.PB-12-K-8773 driven by respondent No.1 rashly and negligently came and hit the motorcycle of Amarjit Singh. Resultantly, Amarjit Singh fell on the road and suffered multiple injuries on various parts
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The main legal point established in the judgment is that the insurance policy coverage operates only from the date and time mentioned in the policy, and the insurance company is not liable to pay com....
The insurer is liable for compensation even if the insurance policy was issued post-accident, provided premium was paid prior.
The main legal point established in the judgment is the interpretation of the effective date and time of the insurance policy and the existence of a binding contract of insurance at the time of the a....
A policy of insurance becomes operative from the previous midnight when bought during the day following, in the absence of a contract to the contrary. If there is a mention of a specific time of its ....
Act policy excludes coverage for pillion rider on two-wheeler as gratuitous passenger; LMV (NT) licence invalid for motorcycle; insurer exonerated, owner liable for compensation.
The insurance company is liable to indemnify the owner in respect of the statutory liability unless the policy is cancelled and intimated to the insured before the accident.
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