In a recent ruling by the Gujarat High Court, the case of United India Insurance Company Ltd. vs. the Heirs of the Deceased Owner-Driver has seen significant developments. The court has highlighted the intricate details regarding the premium paid for legal liability and the involvement of the insurance company in the case. The issue of joining the legal heirs of the owner-driver remains open for the Tribunal to decide, bringing a crucial aspect to the forefront of the legal proceedings.
Analysis
- The copy of the policy shows that premium has been paid for legal liability of the paid driver.
- United India Insurance Company Ltd. will now be the Insurance Company for both vehicles.
- United India Insurance Company Ltd., as referred in Exh.39, should be joined as party respondent no.4 for Rickshaw No.GJ-02-Z-8511.
- Heirs of the deceased owner-driver of Rickshaw No.GJ-02-Z-8511 are required to be joined as respondents.
- The issue of joining the legal heirs of the owner-driver has to be kept open for the Tribunal to decide.
- The claimants are the heirs of the deceased, who was the injured owner-driver of Rickshaw No.GJ-02-Z-8511.
- The death of the injured owner-driver and its direct nexus to the vehicular accident needs examination by the Tribunal.
Case Title: PRAJAPATI HANSABEN @ SANTOKBEN AMRATBHAI ALIAS AMRITBHAI DHULABHAI Vs. PRAJAPATI RAMESHBHAI HEERABHAI
Case Number: R/SCA/54/2024
