High Court allowed owner's appeals fixing joint liability on owner and insurer for accident compensations where no evidence proved commercial hire and denied insurer's appeal against liability-fixing award.
Appeals by owner allowed; awards modified to fix joint and several liability on owner, driver, and insurer. Insurance company's appeal rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR MAC No. 1308 of 2009
Kishan, aged 35 years, S/o Bhanuram, R/o Zone-2, Khursipar, District Durg (CG).
---- Appellant
---- Respondents
MAC No. 1305 of 2009
---- Respondents
MAC No. 1302 of 2009
Kishan, aged 35 years, S/o Bhanuram, R/o Zone-2, Khursipar, District Durg (CG).
---- Respondents
MAC No. 1304 of 2009
Kishan, aged 35 years, S/o Bhanuram, R/o Zone-2, Khursipar, District Durg (CG).
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permanent Address R/o Lalpur, Post Dhadi, Tehsil Bemetara, Distt. Durg (CG).
---- Respondents & MAC No. 554 of 2012
United India Insurance Co. Ltd. Branch Office, Paras Complex, Gurudwara, Station Road Durg (CG) through its Divisional Manager, Divisional Office, Rajendra Nagar Chowk, Bilaspur (CG).
---- Appellant
Versus
---- Respondents
For Appellant-Owner : None. For United India Insurance Co.: Shri Dashrath Gupta, Advocate.
SB: Hon'ble Shri Justice P. Sam Koshy
Judgment On Board
16.11.2017.
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wherein in an injury case, the Tribunal has awarded compensation of Rs.75,000/- along with interest.
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is that, in the FIR which was lodged in respect of the accident, it has been mentioned that the vehicle was hired for a rent of Rs.4000/though there is no evidence in this regard which has come on record. Neither is there any evidence on behalf of insurance company nor has the officer from the police station where the FIR was lodged, examined to substantiate the contents in the FIR. In the absence of which, the contention of the claimants before the Tribunal has sufficient force as they have categorically stated that it was being used after borrowing from a friend and that was no rent as such paid to the owner of the vehicle.
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Tribunal where the liability has been fastened upon the insurance company, does not call for any interference and the appeal of the insurance company in the aforesaid facts and circumstances of the case deserves to be and is hereby rejected.
Sd/(P.Sam Koshy) Judge
inder
2 issues framed by the court
Whether liability for motor accident compensation should be fixed jointly and severally on the owner, driver, and insurance company in absence of evidence proving commercial use.
Whether the insurance appeal assailing an award fixing liability on the insurance company deserves to be allowed.
1 provisions across 1 enactments
Kishan
Ajuram
United India Insurance Co. Ltd.
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
