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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V R K Krupa Sagar, J
United India Insurance Co. – Appellant
Versus
Abothula Parvathi – Respondent
JUDGMENT :
The insurance company preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 questioning the correctness of the award dated 19.04.2005 of the learned District Judge and Motor Accidents Claims Tribunal at Srikakulam (hereinafter referred to as ‘the Claims Tribunal’) in M.V.O.P.No.199 of 2000.
2. Heard arguments of Ms. A.Malathi, the learned counsel for appellant-Insurance Company. Respondent Nos.1 to 4 were the claimants before the Claims Tribunal. Notices were served on them but none entered appearance for them. Respondent Nos.5 and 6 were the driver and owner of the offending lorry. The appeal was already dismissed for default as against them.
3. The following facts are required to be noticed:
The subject matter accident took place during the intervening night on 22/23.11.1997 at Payakaraopeta in Visakhapatnam District. The offending vehicle was stated to be a lorry bearing registration No.AP-16-U-7157 and at the material point of time it was carrying Kadapa Slab Stones. Sri Srikakulapu Prasad was the registered owner of this vehicle and the vehicle was insured with the United India Insurance Company Limited as per copy of insurance policy/Ex.B.1. The said
The insurance company is not liable for the death of a gratuitous passenger in a goods vehicle, and the Tribunal's pay and recover principle is valid.
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for unauthorized passengers in goods vehicles, based on the interpretation of relevant....
An insurance company is not liable to indemnify for claims involving gratuitous passengers not covered under the policy as per statutory provisions.
Liability of insurers for gratuitous passengers in goods vehicles established through the 'pay and recover' principle.
The main legal point established in the judgment is that the Insurance Company cannot be held responsible for the compensation of unauthorized passengers in a goods vehicle when the risk is not cover....
Insurer of goods carriage not liable for gratuitous passengers' death/injuries; no 'pay and recover' direction by Tribunal, as lacks Supreme Court's Article 142 power.
Point of Law : Insurance Company was directed to pay compensation even for gratuitous passenger considering circumstances of this case under the “Doctrine of Pay and Recover” from the driver and owne....
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