Court : Punjab and Haryana
Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667
..... i.e. where one is not liable for the conduct but for an event. as is the case in hand, the insurance company is liable to the third party to reimburse or compensate for the damage suffered on account of injuries caused by the use of a motor vehicle by its rash and negligent driving. it was observed, by hon'ble the supreme ..... by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure of a material ..... vehicle to be left unattended so that it happens to be driven by an unlicensed driver. the exclusion clause has to be read down in order that is not at war with the 'main purpose' of the provision enacted for the protection of the victims of accident so that the promisor is exculpated when he does every thing in his .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H104
..... bajaj, kishori lal and mathura dass were travelling in the car in pursuance of a contract of employment and the insurance company is bound to pay the compensation which has been granted on account of the death or bodily injury to those persons. according to his submissions, it was not necessary that the aforesaid persons must be in contract ..... to cover any risk to a person carried on the pillion seat of a motorcycle. it was further held that the insurance company was not liable to pay compensation for the death of or injury to a person carried on the pillion seat. the learned counsel for the respondents wanted to distinguish those cases on the ground that ..... person who has been disqualified for holding or obtaining a driving licence during the period of disqualifications; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (c) that the policy is void on the ground it was obtained by the non-disclosure of a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H267; [1984]55CompCas28(P& H)
..... the liability, in fact, must be covered by the terms of the policy. if any of these three conditions is not satisfied, the insurer will not be responsible to pay compensation for the bodily injury or death which may have been caused to a third party. these provisions clearly show that in absence of a decree against the owner ( ..... with the subject of the substitution of motor accidents claims tribunal in place of civil courts for the purpose of adjudicating on claims for compensation in respect of accidents involving the death or bodily injury to persons arising out of the use of motor vehicles. they do not deal with the question as to who is to be held ..... person who has been disqualified for holding or obtaining a driving licence during the period of disqualification, or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion, or (c) that the policy is void on the ground that it was obtained by the non-disclosure of a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(1985)ACC160; AIR1985P& H96; [1986]59CompCas643(P& H)
..... a result of fault liability or otherwise.10. in view of the above, we hold that the insurer is liable to satisfy the compensation claim arising from the accident with the insured vehicle to the extent of the amount that the policy of the insurance in terms of s. 95 happens to cover and therefore, to the extent of the policy cover ..... by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, any such employee-- (a) engaged in driving the vehicle or (b) if it is a public service vehicle, engaged as ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification ; or iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or c) that the policy is void on the ground that it was obtained by the non-disclosure of a material .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999ACJ1506
..... the facts of the present case, the appellant be permitted to contest and assail the order of the tribunal on the ground that compensation awarded is excessive?8. the supreme court in the case of british india general insurance co. ltd. v. captain itbar singh, 1958-65 acj 1 (sc), has considered the said question. in para 5 the ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact ..... findings are being reproduced below:(5) to start with it is necessary to remember that apart from the statute an insurer has no right to be made a party to the action by the injured person against the insured causing the injury. sub-section (2) of section 96 however gives him the right to be made a party to the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2001ACJ555; AIR2000P& H210; (2000)125PLR750
..... filed an appeal before the high court against the award of the motor accident claims tribunal and got the quantum of compensation reduced when the insured had not filed an appeal and the insurance company had not moved the tribunal under section 170 of the act for obtaining the right to contest proceedings on merits. on appeal to the supreme ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions or war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the non-disclosure of a ..... question in the following words :--'to start with it is necessary to remember that apart from the statute an insurer has no right to be made a party to the action by the injured person against the insured causing the injury. sub-section (2) of section 96 however gives him the right to be made a party to the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H311
..... be granted by the civil court.'it follows form the above provision that the legislature contemplated that the claims for compensation by any person who has sustain injury o by the legal representatives of a person who has died from a motor accident to by the agent duly authorised by the person injured or ..... cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was suicide has made an affidavit stating that the certificate has been lost or destroyed or that either ..... person who has been disqualified for holding or obtaining a driving license during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war riot or civil commotion; or (c) that the policy is void on the ground that it was obtained by the non-disclosure of a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR35
..... recommendation of the central pay commission. 10. the undersigned is directed to say that the fifth central pay commission inter alia, recommended that for determining the compensation payable for death or disability under different circumstances, the cases could be broadly categorized in five distinct categories as under:category `a'xx xx xx.category ..... pensions, department of pension & pensioners' welfare, new delhi. the petitioner has also claimed that he is entitled to disability benefit cover under the army group insurance fund for his disability. 3. the claim of the petitioner has been contested by the respondents mainly on the ground that rounding off disability under the provisions of ..... medical category (bee permanent). the government treated the operation of the petitioner's unit as a full-fledged war. the petitioner was known as a case of battle casualty. he was operated for his injury on left ankle and a rod was inserted. it has been averred in the petition that disability of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2005)ACC460; 2005ACJ1988; (2005)139PLR34
..... appellant and owner of the truck. therefore, the appellant is not liable to make payment of the compensation. he also pointed out that the vehicle was owned by mukhtiar singh. mukhtiar singh had got the vehicle insured. later on, he transferred the same in favour of rakesh kumar. rakesh kumar further transferred the truck ..... been dis-qualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on ground that it was obtained by the non-disclosure of ..... to police station kotwali, barnala, from the house of gurcharan singh. however, when sukhdev singh was being shifted to civil hospital, barnala, he succumbed to his injuries near dhanaula railway crossing.2. the legal heirs of sukhdev singh filed claim petition before the motor accident claims tribunal, barnala (hereinafter referred to as 'the tribunal .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H223; [1986]59CompCas946(P& H)
..... the payment of en additional premium it is hereby understood end agreed that the company undertakes to pay compensation on the scale provided below for bodily injury as hereinafter defined sustained by any passenger...............' after holding as above and construing the insurance policy, their lordships granted an award in favour of the claimants to the extent of rs. 27,500 ..... the learned single judge then invoking the provision of order 41, rule 33, c.p.c. held cleaner sham lal, owner ajit singh and the insurance company jointly liab1e in pay the compensation amount which he assessed at rs. 64,000/- along with the interest at the rate of 6 percent from the date of the claim application with ..... har 167). that was a case in which driver of a truck took in the truck a passenger. the truck met with an accident in which the said passenger war injured who laid a claim against, inter alia, the owner of the truck. this court took the view that the owner of the truck was not vicariously liable for .....
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