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2019 Supreme(SC) 848

ROHINTON FALI NARIMAN, VINEET SARAN
Anu Bhanvara Etc. – Appellant
Versus
Iffco Tokio General Insurance Company Limited – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Varinder Kumar Sharma, AOR
For the Respondent(s): Mr. Garvesh Kabra, AOR

JUDGMENT :

Vineet Saran, J.

Leave granted.

2. These appeals are against the judgment and order dated 05.04.2016 passed by the High Court of Punjab and Haryana at Chandigarh relating to the claims for compensation in respect of injuries sustained by two gratuitous passengers in a jeep (goods vehicle). The Motor Accidents Claims Tribunal (for short “Tribunal”) had dismissed the claim petitions on the ground that the negligence of the driver was not proved. However, the High Court, after holding that the accident was as a result of composite negligence of the driver of the jeep and the other offending vehicle, held that the owner and driver of the jeep would be liable for payment of compensation and exonerated the insurer of the jeep, on the ground that the vehicle was insured as a goods vehicle and the claimants, who had sustained injuries, were gratuitous passengers in the goods vehicle (Jeep) and would thus not be covered under the insurance policy as they were not travelling as owner of the goods. The insurance of the jeep, as a goods vehicle, has been found to be valid.

3. In F.A.O. No. 5460 of 2012 before the High Court, the case was of one Anu Bhanvara, aged about fifteen years at










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