Insurer cannot take stand to escape legal liability that legal heirs of the deceased were not parties to the Claim Petition

Last updated: 29 March 2023

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The Jammu & Kashmir High Court has ruled that an insurance company cannot avoid its legal liability by claiming that the deceased's legal heirs were not parties to the claim petition. This decision clarifies that the insurer remains liable even if the owner of the vehicle died in the accident and their legal representatives were not formally joined in the proceedings. The court emphasised that the insurer's liability persists against their estate or the insurer themselves, irrespective of the owner's death after the cause of action arose.

Court :
J&K High Court

Brief :
It appears that deceased Malkiyat Singh, Shanker Singh, Balwant Raj and injured Om Parkash, Anuradha and Sunil Kumar were travelling in an Eco Car bearing No. JK-11-A/4856 from Badkot Uttar Kashi towards Jammu.

Citation :
2023 LIVELAW (JKL) 66

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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