Motor Accident Insurer Liable To Meet Contractual Liability If It Undertakes To Compensate Insured Vehicle’s Owner: Delhi High Court
Case: NATIONAL INSURANCE CO. LTD. v. RAVI PRAKASH MISHRA & ANR.
Coram: Justice Navin Chawla
Case No.: MAC.APP. 576/2018
Court Observation: “However, at the same time, if the vehicle is covered under the “Comprehensive Policy‟ or the insurance company undertakes by contract to meet any liability to pay compensation on account of the death or the bodily injury suffered by the owner or the borrower or the driver of the insured vehicle, the Insurance Company shall be liable to meet such a contractual liability,”.
“In the present case, the motorcycle was being driven by the employee of its owner, that is, the respondent no. 2. The „Act Policy‟ would cover only the liability arising under the Workmen‟s Compensation Act, 1923. Therefore, unless covered by the contractual liability under the insurance policy, the appellant was not liable to pay compensation for the injuries suffered by the respondent no. 1 beyond the liability arising under the Workmen‟s Compensation Act,”.
“ of the above, the Impugned Award is modified to the limited extent that the appellant shall pay to the respondent no. 1 an amount of Rs. 1 lakh along with interest at the rate of 9% per annum from the date of filing of the Claim petition, that is, 15.03.2010, till the date of deposit of the compensation by the appellant with the learned Tribunal in compliance with the order dated 03.07.2018 of this Court,”
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Motor Accident Insurer Liable, Delhi High Court
