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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Kulwant Singh – Appellant
Versus
Anita Rani – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
1. This appeal arises out of the judgment and award dated 21.04.2012 passed by the Motor Accident Claims Tribunal, whereby compensation to the tune of Rs.18,18,872/- along with interest @ 9% per annum from the date of filing of claim petition till actual payment was made, was awarded in favour of the claimants on account of the death of Rajkumar, who succumbed to injuries sustained in a motor vehicle accident dated 10.10.2004. The appellants herein are the owner and driver of the tractor-trolley, who were arrayed as respondent nos. 1 to 4 before the Tribunal. The appeal has been preferred assailing the fastening of liability upon them and seeking absolution on the ground that the insurance company ought to have been held liable.
2. The brief facts of the case are that on 10.10.2004 at about 7:40 PM, deceased Rajkumar was travelling in a Maruti car bearing registration no. DL- 1CB-3975, which was proceeding on the Shahabad - Rampur road. When the vehicle reached near Peer Baba, a tractor–trolley bearing registration no. HR-02-L-2967 came ahead of the car. It was alleged that the tractor- trolley was being driven rashly and negligently, without any indicato
Insurer's appeal admission via affidavit that policy covered third-party liability for tractor and trailer shifts liability to insurer under Section 149 MV Act, overriding tribunal's finding of no co....
Insurance companies are not liable to indemnify for claims involving passengers if the vehicle was not authorized for passenger transport.
Liability in motor vehicle accidents requires clear evidence of vehicle involvement; both tractor and trailer must be insured separately.
Insurance companies can be held liable for compensation despite the driver's lack of a valid license if a valid insurance policy exists covering the accident.
The main legal point established in the judgment is that the liability of the insurance company for paying compensation is determined based on the interpretation of the definition of the vehicle invo....
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
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