LAWS(P&H)-2019-11-16

BHUP SINGH Vs. UNITED INDIA INSURANCE CO. LTD.

Decided On November 04, 2019
BHUP SINGH Appellant
V/S
UNITED INDIA INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) The present appeal is filed against the award dated 14.10.2014 granting compensation with a prayer to set aside the said award.

(2.) As per the brief facts, respondent No.2 filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short,'the 1988 Act') for grant of compensation on account of accidental injuries sustained by him in a motor vehicular accident alleging therein rash and negligent driving of driver of offending vehicle Mahindra Jeep No.RJ-27U-/0472 on 30.01.2013 in the area of village Mehrana. The claim petition was partly allowed and the appellant was held liable to pay compensation to respondent No.2 whereas respondent No.1-Insurance Company was exonerated from paying any compensation as it was observed that the registered owner at the time of the accident had not been impleaded as a party to the claim petition, therefore, the driver was held liable to pay the compensation to claimant/respondent No.2.

(3.) It may be clarified that the driver Bhup Singh was also the registered owner but purchased the car after the date of accident.