Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S. BHANUMATHI
New India Assurance Company Limited – Appellant
Versus
Ravanaiah – Respondent
| Table of Content |
|---|
| 1. claimant's injury detailed. (Para 1 , 2 , 3) |
| 2. dispute over liability and compensation. (Para 4 , 7) |
| 3. court's analysis of insurance liability. (Para 5 , 6 , 8 , 10 , 11) |
| 4. results in setting aside initial tribunal ruling. (Para 12 , 13 , 14) |
JUDGMENT :
B.S. BHANUMATHI, J.
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (in short ‘the Act’) against the award and decree dated 04.10.2005 in M.V.O.P.No.166 of 2003 on the file of the Motor Accidents Claims Tribunal-cum-III Additional District Judge, Tirupati.
2. The appellant is the respondent No.2, the respondent No.1 herein is the claimant and the respondent No.2 herein is the respondent No.1 before the Tribunal. For the purpose of convenience, the parties are arrayed in the same manner as before the Tribunal.
3. The case of the claimant is briefly as follows:
a. On 07.10.2002, while the petitioner and some others were travelling in a lorry bearing No.AP 04 U 1275, belonging to the respondent No.1, from Naidupet to Sri Kalahasthi, when the lorry reached near Singamala Village, as the driver of the lorry drove it in a rash and negligent manner, he lost control over the lorry and the lorry fell down
An insurance company is not liable to indemnify for claims involving gratuitous passengers not covered under the policy as per statutory provisions.
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 insurer is not liable for compensation if the claimant is a gratuitous passenger in a goods vehicle.
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....
Gratuitous passengers in goods vehicles are not covered by standard insurance policies unless additional premiums are paid, rendering previous rulings on liability inapplicable.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
