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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Subhash – Appellant
Versus
Sheela – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal is preferred by the appellant-Subhash (owner of the offending vehicle bearing registration No. HR-08-P-1577) against the award dated 10.02.2015 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Hissar (for short 'the Tribunal’) on the ground that liability to pay the compensation to the claimants/respondent Nos. 1 to 3 has been wrongly fastened upon the appellant.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 26.12.2012, deceased Gordhan had gone with respondent No. 1 on tractor bearing registration No. HR-08-P/1577 (herein after to be referred as offending vehicle) to Adampur and at about 3.00 p.m. when they reached in Shiv Colony, Adampur, respondent No. I who was driving the tractor asked deceased Gordhan to alight from the tractor, as the street of Shiv Colony was in upper level than the road. Gordhan alighted from the tractor and was standing on one side of the street. In the meantime, respondent No.1, suddenly, carelessly, rashly and negligently drove the tractor and it turned turtle over Gordhan, due to which Gordhan suffered multip
The burden of proof lies with the insurance company to establish the authenticity of the cover note and the insurance coverage at the time of the accident.
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 court established that insurance liability is contingent upon adherence to policy terms, particularly regarding vehicle use and coverage of occupants.
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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