Dismissed

Manager the United India Insurance Co. Lt v. Manohar Singh and Ors.

Rajasthan HC5 Jul 2018CMA/2541/2018

Case brief

AI extract

What is this about?

Insurance Company appealed against an award dismissing its claim that the Tribunal erred in holding it liable as the claimant was not inside the vehicle. The court found that liability existed despite the claimant being off the vehicle.

What did the court decide?

The appeal filed by the Insurance Company against the Tribunal's award dismissing its claim for exemption from liability was dismissed.

Manager the United India Insurance Co. Lt Vs Manohar… — Banking and Recovery | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2541/2018

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Manager The United India Insurance Company Ltd., Infront Of Sbbj, Shastri Nagar, Ajmer Raj. Through Manager, T.p. Hub, 93 Sappire Centre, Ajmer Road, Jaipur

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----Appellant-Non-Claimant No.3

¶5

Versus

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Manohar Singh S/o Shri Mahendra Singh B/c Cheeta , R/o Village Khapri Malaya P.s. Nasirabad Sadar, Distt. Ajmer Raj.

¶7

----Respondent-Claimant

¶8

Resham Singh S/o Shri Gurudev Singh B/c Sikh , R/o Avahgate, Kunda Rooparam, P.s. Kotwali, Bharatpur, Driver Hi Tech Crane No. Rj-05-Ea-0335

¶9

Gurudev Singh S/o Shri Balwant Singh B/c Sikh , R/o Avahgate Rooparam, P.s. Kotwali, Bharatpur, Owner Of Vehicle

¶10

----Respondents-Non-Claimants

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For Appellant(s) : Mr. Amar Nath Pareek

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HON'BLE MRS. JUSTICE SABINA

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Judgment

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05/07/2018

¶15

Appellant has filed this appeal, challenging the award dated 15.03.2018 passed by the Tribunal, whereby, claim petition filed by the claimant, was dismissed.

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Learned counsel for the appellant has submitted that the Tribunal has erred in fixing the liability of the Insurance Company to indemnify the insured. Infact, as per the policy issued by the appellant, Insurance Company was not liable to indemnify the insured.

¶17

(2 of 2)

¶18

[CMA-2541/2018]

¶19

Claimants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of injuries suffered by him in the accident-in-question. Tribunal has allowed the claim petition filed by the claimant vide impugned award dated 15.03.2018 and has held that the Insurance Company was liable to indemnify the insured. Hence, the present appeal by the Insurance Company.

¶20

Learned Tribunal while fixing the liabiltiy on the Insurance Company to indemnify the insured has taken into consideration the fact that at the time of the accident, claimant was not sitting in the Crane, but was keeping a spanner in the tool box. However, the Crane moved and, as a result, claimant had suffered injuries.

¶21

Appellant had issued 'Commercial Vehicles Package Policy' in favour of the insured. Since, at the relevant time, claimant was not sitting in the Crane and was just keeping a spanner in the tool box, learned Tribunal rightly held that the Insurance Company could not escape its liability to indemnify the insured.

¶22

No other contention has been raised by the learned counsel for the appellant.

¶23

Dismissed.

¶24

Sudha/45

Manager the United India Insurance Co. Lt v. Manohar Singh and Ors.

Case brief

What is this about?

What did the court decide?

Manager the United India Insurance Co. Lt v. Manohar Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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