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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Oriental Insurance Company Limited – Appellant
Versus
Ramchandrapal Singh – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 30 of the Employee's Compensation Act, 1923 has been filed by the insurer of the offending Qualis Car No.UA-07-C-6274 against the impugned judgment and award dated 03.11.2025 passed by the Employee Compensation Commissioner/Deputy Labour Commissioner, Moradabad in E.C.A. Case No. 111 of 2015 ( Ramchandrapal Singh and others vs. Nirdosh Kumar and others ), whereby for the untimely death of Dharamveer, who was employed as a driver on above vehicle, in a road accident that occurred on 26.02.2015, a compensation of Rs.8,26,495/- along with interest @ 12% per annum has been awarded to the claimants, which has been ordered to be indemnified by the insurer of the offending Qualis Car No.UA-07-C-6274.
2. Learned counsel for the appellant-Insurance Company submitted that the insurance policy of the above vehicle was taken by Rakesh but during the tenure of the policy the vehicle was sold to Nirdosh Kumar, which was also proved from the written statement submitted by them before the Commissioner. It was further submitted that the deceased was not an employee of Nirdosh Kumar, but was an employee of Rakesh, but since Rakesh sold the
Registered owners of vehicles remain liable for compensation despite ownership transfer if not formally updated, and insurers must provide coverage for employees if appropriate premiums are paid.
Insurance companies are not liable for employee injuries in vehicles unless additional premiums are paid for coverage under the policy.
The insurance policy's terms and conditions, including the coverage of risk for employees, are crucial in determining the liability of the insurance company to pay compensation.
Motor Accident – Liability of Insurance Company - When vehicle is insured by Company, insurer is liable to pay compensation in case of "comprehensive/package policy" but not in case of "Act policy".
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
WORKMEN COMPENSATION - an insurer would not get insulated and the liability of the transferee of the vehicle in question gets indemnified on account of the contract indemnity and fidelity covering in....
Insurers under Act Policies are not liable for occupant injuries in vehicle accidents, highlighting the distinction from comprehensive policies that cover such risks.
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