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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Gurpreet Singh – Appellant
Versus
Anju – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
The instant appeal has been preferred by Gurpreet Singh (driver-cum-owner of truck No.PB-13AL-4709) taking exception to award dated 08.02.2021 passed by the Motor Accident Claims Tribunal, Hisar (for short, “the MACT”), vide which the liability to pay compensation to the claimants was held to be that of the driver-cum-owner of the offending vehicle.
2. Briefly stated, the facts are that a claim petition was preferred by the widow, two minor sons and the parents of one Surender under Section 166 of the Motor Vehicles Act, 1988 (for short, “the MV Act”), who lost his life in a motor vehicular accident, which took place on 23.01.2018.
3. Surender, as claimed, was working as a Conductor on a Canter bearing registration No.HR-39B-9040. On 22.01.2018, the said Canter, loaded with vegetables, was being plied from Vegetable Market, Delhi to Litani. On 23.01.2018, at about 01:00 a.m. (intervening night of 22.01.2018 & 23.01.2018), a truck bearing registration No.PB-13AL-4709 (hereinafter referred to as the ‘offending vehicle’), which was being driven by the present appellant at a very high speed in a rash and negligent manner, came from the opposite direction an
The court established that liability for compensation lies primarily with the vehicle owner when an accident occurs outside the permit's authorized area, while allowing the Insurance Company to initi....
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
Insurance companies cannot avoid liability under Section 149 of the Motor Vehicles Act despite permit violations; the principle of pay and recover ensures claimants receive compensation first.
The insurer is liable to indemnify compensation even if ownership transfer is unrecorded; the burden of proving permit violation lies with the insurer.
An insurance policy breach due to vehicle unfitness does not exempt the insurer from compensating victims; they may recover from the owner after payment, affirming the principle of 'pay and recover'.
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