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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
United India Insurance Co. Ltd. – Appellant
Versus
Param Jeet Kaur – Respondent
JUDGMENT :
Satyen Vaidya, J.
Both these appeals are being decided by a common judgment, as these arise from the same award.
2. A Maruti Car bearing Registration No. HP-12B-0532, owned by Sh. Kamal Kishore (hereinafter referred to as the ‘owner’), met with an accident near Tribal Bhawan, Dhalli, District Shimla on 8.7.2012.The vehicle went off the road and rolled down into about 150 feet deep gorge.At the time of accident, the said vehicle was occupied by four occupants including the driver named Vijay Thakur. The said Vijay Thakur (driver) and Amarjeet Singh (occupant of front passenger seat) died as result of accident. The other occupants of the vehicle survived.
3. The deceased Amar Jeet Singh was survived by his wife, three children and mother as legal heirs and dependents (hereinafter referred to as the ‘claimants’). A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) was filed on their behalf, which came to be registered as MAC Petition RBT No. 103-S/2 of 2014/12 on the files of learned Motor Accident Claims Tribunal-IV, Shimla (hereinafter referred to as the ‘Tribunal’). The claimants had alleged that the accident was result of rash and negli
The insurer is liable to indemnify for occupant injuries under an 'Act Only Policy' if the policy explicitly covers such cases, and compensation must reflect the deceased's actual income and future p....
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
The insurer cannot deny liability under an 'Act Only Policy' when personal accident coverage was paid, and the Second Schedule of the Motor Vehicles Act applies for compensation assessment.
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
The court upheld the compensation awarded to claimants, affirming the deceased's status as a goods owner and assessing income based on evidence rather than minimum wage standards.
An 'Act Only Policy' does not cover occupants in a vehicle, and courts must assess compensation based on established minimum wage standards and proper multipliers.
The court affirmed the validity of awarding compensation under the Motor Vehicles Act, adjusting income and future prospects, while rejecting insurer's claims of contributory negligence and liability....
Insurance policies covering commercial vehicles include risks for coolies engaged in loading and unloading, regardless of claims of unauthorized travel.
Under Section 163(A) of the Motor Vehicles Act, claimants are not required to prove negligence; the onus lies on the insurer to establish any negligence to deny compensation.
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